GIBBY v. EAST GRINSTEAD GAS & WATER COMPANY.

(1943) 77 Ll L Rep 19

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Factories Act, 1937-Breach of statutory duty -Fatal accident during black-out to stoker employed at gas works-Fall from gantry to ground 11 ft. below-Gantry built out from retort house to enable hot coke to be taken by hopper to quenching station-Hopper drawn along rails by electric locomotive and emptied at end of gantry on to ground below-Hurricane lamp provided by employers for workmen's use-Not used by deceased-Evidence that deceased had fallen from gantry on return from coke hopper to retort house-Claim by widow under Fatal Accidents Acts, 1846-1908, and Law Reform (Miscellaneous Provisions) Act, 1934-Allegations that employers (1) failed to ensure that gantry was of sound construction; (2) failed to ensure that openings in the floor of the gantry were securely fenced; (3) failed to provide safe means of access; (4) failed to provide fencing as a means of security; (5) operated an unsafe system of working; (6) failed to provide adequate lighting- Meaning of "sound construction" - Whether including "design" - Safety measures to be provided "as far as is reasonably practicable"-Matters to be taken into account in considering questions of practicability-Absence of handrail-Evidence that operation had taken place without similar accident for number of years-Duty of workman to use safety appliance (hurricane lamp) provided by employers-Contributory negligence- Factories Act, 1937, Sects. 25 (1), (3), 26 (1), (2), 119 (1).