The plaintiff was injured in an explosion at work arising from a short-circuit occurring because of breaches by the second defendants, the North Wales Power Co Ltd, of the 1937 regulations, 24 and 25. The 1899 Act applied, and it provided that undertakers would be liable for all accidents, damages and injuries happening through their act or ‘default’. The word ‘default’ was also found in regulation 39.
Held: The power company was liable. Somervell LJ explained that the default, a breach of regulations 24 and 25, and which might cause damage or injury under regulation 39, was a default for which undertakers were answerable under the 1899 Act. They were liable not because the breaches of regulations 24 and 25 of the 1937 Regulations per se gave rise to civil liability, but because the default which constituted the breach of those regulations was also a ‘default’ which made the company liable to pay damages under para 77 of the schedule to the 1899 Act.
Judges:
Morton, Tucker and Somervell LJJ
Citations:
[1947] KB 69
Statutes:
Electricity Supply Regulations 1937 24 25 39, Electric Lighting (Clauses) Act 1899
Cited by:
Cited – Morrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
Lists of cited by and citing cases may be incomplete.
Utilities, Personal Injury
Updated: 06 May 2022; Ref: scu.421502