SPENCER v. R. & H. GREEN & SILLEY WEIR, LTD.

(1946) 80 Ll.L.Rep. 217

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice Bucknill and Lord Justice Asquith.

Negligence - Safe system of working - Contributory negligence - Personal injuries sustained by plaintiff painter engaged in painting doors of blacksmiths' shop belonging to his employers (defendants) - Plaintiff standing on ladder resting against door - Door opened, causing plaintiff to jump from ladder - Duty of defendants - Evidence that system usually employed was for foreman in charge of painters to warn foreman of shop that painting work was proceeding; that no such warning was given; that plaintiff and his mate had on other occasions safeguarded themselves by the use of wedges; but that no such wedges were used on this particular occasion - Failure by painters' foreman to inform plaintiff that shop foreman had not been warned.