A railway company issued and posted the following notice:-‘Enginemen and firemen must not leave the footplate of their engine when the latter is in motion.’ The engine driver of a passenger train running at a fast speed left the footplate of his engine and climbed on to the tender for the purpose of getting coal for his engine and was struck by the arch of a bridge and killed. It was contended upon his behalf that in order to increase the pressure of steam in his engine, which had fallen below the normal, and make up for lost time, a better quality of coal was required than that which was immediately available in the well of the tender. The County Court judge found in fact that there was sufficient coal in the well of the tender, and that it had not been proved either that the low pressure of steam or the loss of time upon the journey had been caused by the inferiority of the coal in the tender’s well. He held that the accident had been caused by the ‘serious and wilful misconduct’ of the engine driver, who knew of the rule.
Held that there was sufficient evidence to justify his conclusion.
Judges:
Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Macnaghten, James of Hereford, and Atkinson
Citations:
[1907] UKHL 1006, 44 SLR 1006
Links:
Statutes:
Workmen’s Compensation Act 1897
Jurisdiction:
England and Wales
Personal Injury
Updated: 27 April 2022; Ref: scu.622283