Robert Addie & Sons (Collieries), Ltd. v. Dumbreck (

1929) A.C. 358

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Robert Addie & Sons (D) operated a haulage system in their fields. This system consisted of two parts: the engine which operated the system, and a wheel about which cable turned. The wheel was not visible from the engine. This wheel was dangerous and attractive to children. D took some measures to keep children away from the wheel. However, they were only in the form of brief admonishments and warnings. It was evident that D was more concerned about the safety of its own property than of the safety of the trespassers. The surrounding hedge had several gaps, making it easy for children to pass over the property. Children, in fact, often used the property as a shortcut. The two gates had signs warning trespassers that they would be prosecuted. Dumbreck's (P) son was a 4-year old boy. He had been warned by P not to go into the field. He did anyway, was caught in the wheel mechanism, and died. The court awarded P judgment, holding that the accident was D's fault for not taking suitable precautions to avoid accidents. D appealed.