Hobbs v C G Robertson Ltd [1970] 2 All ER 347

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[1970] 2 All ER 347

Hobbs v C G Robertson Ltd

COURT OF APPEAL, CIVIL DIVISION

DAVIES AND WINN LJJ AND SIR FREDERIC SELLERS

8 APRIL 1970

8 April 1970. The following judgments were delivered.

SIR FREDERIC SELLERS

delivered the first judgment at the request of Davies LJ. As far back as 12 July 1963, while the plaintiff was acting as a labourer with the defendants on some work in a private house, he most unfortunately got some brick dust in his right eye. Although a writ claiming damages was issued in this case in 1964, the matter did not become completed and ready for trial until much later, and did not come for consideration before the court until it came before James J on 30 June 1969. In the meantime, between the accident and the issue of the writ, the eye had been giving trouble, so that the plaintiff had the great misfortune in 1967 to lose his eye entirely–it had to be removed. The question for consideration before the learned judge was solely one whether the defendants should be held responsible for that very serious loss to the plaintiff, the damages having been agreed in the sum of £3,000 in the event of liability.

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