swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Health and Safety - From: 1849 To: 1899
This page lists 5 cases, and was prepared on 27 May 2018.
Bolch v Smith [1862] EngR 369; (1862) 7 H & N 736; (1862) 158 ER 666
30 Jan 1862
Health and Safety, Personal Injury
[ Commonlii ]
Joseph Smith (Pauper) v Charles Baker and Sons; HL 21-Jul-1891 - [1891] UKHL 2; [1891] AC 325
Hindle v Birtwhistle [1897] 1 QB 192; (1897) 61 JP 70
1897
Wills J
Health and Safety
A machine or part is dangerous "if in the ordinary course of human affairs danger may reasonably be anticipated from the use of them without protection".Wills J said: "In considering whether machinery is dangerous, the contingency of carelessness on the part of the workman in charge of it, and the frequency with which that contingency is likely to arise, are matters that must be taken into consideration." The question is entirely a question of degree.
Hindle v Birtwistle [1897] 1 QB 192
1897
Wills J
Health and Safety
The employer considering the use of dangerous machinery must allow for "the contingency of carelessness on the part of the workman in charge of it and the frequency with which that contingency is likely to arise"
1 Citers
Groves v Lord Wimborne; CA 1898 - (1898) 79 LT 284; (1898) 67 LJQB 862; [1898] 2 QB 402
