HAWKINS v. LINOLEUM MANUFACTURING COMPANY, LTD.

(1948) 82 Ll.L.Rep. 23

MAYOR'S AND CITY OF LONDONCOURT.

Before His Honour Judge A. Ralph Thomas.

Negligence - Safe means of access - Dangerous premises - Warning - Breach of statutory duty-Delegation of duty - Contributory negligence - Personal injuries sustained by plaintiff scaffolder - Plaintiff, in employ of defendants, instructed by them to dismantle scaffolding on their premises which had been erected for the purpose of air raid precautions-Part of defendants' premises where scaffolding situated requisitioned during war, but now de-requisitioned, though not used by defendants as part of their factory -Plaintiff warned of unsafe condition of structure-Collapse of scaffolding during dismantling, plaintiff being injured-Plaintiff provided by defendants with adequate materials and resources for scaffolding work-Unsafe system of working adopted by plaintiff -Right of recovery from defendants- Whether structure a "factory" - Distinction between "means of access" and "place at which any person has at any time to work"-Factories Act, 1937, Sects. 26 (1), 151 (6).