High Court of Australia
City of Carley 2000) IZEGERA
74 C.L.R.] OF AUSTRALIA. 541
[HIGH COURT OF AUSTRALIA.]
Sr.Wuiicl se) ee eee eee ea eee ee tee
PLAINTIFF,
AND
ADELAIDE CHEMICAL AND FERTILIZER |
GOMPANVADIMMIED = oro Fs of RESPONDENT. DerrenDANT,
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Industrial law—Dangerous machinery—Breach by employer of statutory duty to H. ©. or A.
safeguard machinery—Contributory negligence—Employee doing work involving 1946. risk—Knowledge of risk—Statute-- Statute directed to protecting employee against Se that risk—Industrial Code 1920-1943 (S.A.) (No. 1453 of 1920—No. 32 of 1943) Metnourne, #6. 321. Oct. 1, 2.
The plaintiff was employed as a greaser in the defendant's factory. It was SypNey, his duty to lubricate a machine consisting of a slowly-moving conveyer belt which Dee. 5. was supported by rollers. 'To grease certain points on the rollers it was neces- J stnam 7, sary for him to reach under the belt. It was his practice over a number of years Rich, Starke, to grease the rollers while the belt was in motion ; this, as he knew, involved MeTiernan JJ. some risk, but it was not highly dangerous. There was evidence that the works manager had had ample opportunity of seeing the plaintiff lubricating the machinery while it was in motion and direct evidence that both the engineer and foreman had often seen the plaintiff so doing. He was never instructed to have the machine stopped while he was greasing it, but it would have been stopped if he had so requested. While he was reaching under the moving belt to grease a roller his arm was caught between belt and roller and he suffered injury. He claimed of the defendant damages in respect of the injury, on the footing that it was the result of'a breach by the defendant of the duty to safe- ; guard dangerous parts of machinery as required by s. 321 of the Industrial Code 1920-1943 (S.A.). If the machine had been so safeguarded the injury could not have occurred, 'The trial judge held that there had been a breach of this
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate