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Millar v Galashiels Gas Co Ltd; Galashiels Gas Company Ltd v O’Donnell: HL 20 Jan 1949

A hoist mechanism failed, the employee was injured, and he sought damages from his employer under the Act.
Held: The section imposes an absolute obligation to maintain work equipment in an efficient state or in efficient working order. The duty imposed was an absolute and continuing obligation, so that proof of any failure in the mechanism of a hoist or lift established a breach of statutory duty, even though it was impossible to anticipate such failure before the event or to explain it afterwards, and even though all reasonable steps had been taken to provide a suitable hoist or lift and to maintain it properly.
References: [1949] AC 275, [1949] SC (HL) 31, [1949] UKHL 2, 47 LGR 213, 1949 SLT 223, 65 TLR 76, [1949] LJR 540, [1949] AC 275, [1949] 1 All ER 319
Links: Bailii
Judges: Lord Morton of Henryton
Statutes: Factories Act 1937 22(1)
Jurisdiction: Scotland
This case is cited by:

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.181179 br>

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