HEARD v. BRYMBO STEEL COMPANY, LTD., AND ANOTHER.

(1946) 80 Ll.L.Rep. 424

COURT OF APPEAL.

Before Lord Justice Morton, Lord Justice Tucker and Lord Justice Somervell.

Negligence - Breach of statutory duty - Maintenance of electrical apparatus - Fault - Explosion - Contributory negligence - Personal injuries sustained by plaintiff electrician, employed by first defendants in power house of their works - Current supplied by electricity supply company (second defendants) - Current to first defendants' works controlled by second defendants' main feeder switch at their power station, supply entering first defendants' works through switch No. 1 and thence through switches Nos. 2, 3 and 4 - Each switch fitted with automatic circuit breaker (or tripping device) in case of fault or excessive loading - Electrical engineering practice for tripping device to be so adjusted that switch nearest fault tripped first - Tripping of No. 4 switch owing to overloading, followed by explosion on supply side of switch - Works thrown in to darkness - - Tripping of second defendants' main feeder switch at same time - Failure of switched Nos. 2 and 3 to trip owing to faulty stetting and of switch No. 1 to trip owing to jamming - Main feeder switch closed by second defendants after short period of time, in accordance with usual practice - Second explosion in vicinity of switch No. 4, injuring plaintiff in course of investigating fault - Whether plaintiff guilty of contributory negligence in failing to take precaution of opening switches Nos. 2 and 3 (which were on the same switchboard) before investigating - Statutory duty of first defendants as occupiers - "All apparatus and conductors shall be sufficient in size and power for the work they are called upon to do, and so constructed, installed, protected, worked and maintained as to prevent danger so far as is reasonably practicable" - Statutory responsibility of second defendants "for all electric lines and apparatus placed by them on the premises of a consumer and either belonging to the [second defendants] or under their control (whether forming the whole or part of the consumer's installation or not) being installed and maintained in a safe condition and suitable for their respective purposes and being so fixed and protected as to prevent so far as is reasonably practicable leakage to any adjacent metal" - Liability of second defendants to employee of consumer for all accidents, damages and injuries happening through their act or default - [1908] S.R. & O., Heard v. Brymbo Steel Company, Ltd., and Another. C.A. 425 No. 1312, Regulation 1 - Electricity Supply Regulations, 1937, Regulations 24, 25, 39 - Electric Lighting (Clauses) Act, 1899, Schedule, par. 77.