Hutchinson v London and North Eastern Railway Co.: CA 1942

Goddard LJ said: ‘It is only too common to find in cases where the plaintiff alleges that a defendant employer has been guilty of a breach of a statutory duty, that a plea of contributory negligence has been set up. In such a case I always directed myself to be exceedingly chary of finding contributory negligence where the contributory negligence alleged was the very thing which the statutory duty of the employer was designed to prevent.’


Goddard LJ


[1942] 1 KB 481


England and Wales

Cited by:

CitedCommissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Lists of cited by and citing cases may be incomplete.


Updated: 24 April 2022; Ref: scu.235775