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Driver Loses Action Against Employers

1st June 1962, Page 49
1st June 1962
Page 49
Page 49, 1st June 1962 — Driver Loses Action Against Employers
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ASTIRLINGSHIRE man, who now has to wear a splint at his neck as the result of an injury received at his work, has failed in his £10,000 action against, his employers in the Courtof Session.

John Lydon, aged 32, a lorry driver from Cowie, Stirlingshire, sued J. and A. Smith of Maddiston, Ltd., claiming they had faded to take reasonable care to avoid exposing their workers to unnecessary risk.

His claim was that on July 14. 1957, while carrying a sack of meal across the top layer of a stack of other bags, he stepped on a damaged one which gave way, causing him to fall. Many of the bags, he claimed, which were stacked to a height of six to eight feet. spilled out, making the surface insecure and uneven. The company denied this and held that he had failed to take reasonable care for his own safety.

In his judgment, Lord Walker said it was more probable the accident happened because Lydon lifted the sack in an awkward way and stumbled. It appeared that there was no practical course of obviating the necessity of men walking on top of the bags if the bags were to be stacked. There was necessarily an apparent risk in the operation, but he doubted whether it was a very great one.

ALP.T.A. PAPERS

AAT the annual conference of the Municipal Passenger Transport Association in Brighton on September 10 the two papers to be presented will be "Wages and Earnings in the Municipal Passenger Transport Industry," by Mr. E. It! L. Fitzpayne, general manager of Glasgow Corporation Transport, and " What Can We Do to Stay in Business?" by Mr. LC. Franklin, general manager of Blackpool Corporation Transport.