A.C. 278
LONDON AND NORTH EASTERN RAILWAY COMPANY APPELLANTS; AND BERRIMAN RESPONDENT.
1945 Nov. 30.
LORD JOWITT L.C., LORD MACMILLAN, LORD WRIGHT,
1946 Jan. 21.
LORD PORTER and LORD SIMONDS.
THE HOUSE took time for consideration.
Jan. 21, 1946. LORD JOWITT L.C. My Lords, on December 27, 1943, Frederick John Berriman, deceased, who was then a labourer in the employment of the appellant company, was knocked down by a train and killed whilst working in the course of his employment. His widow, the respondent, brings this action alleging that his death was due to the failure of the railway company to observe r. 9 of the Prevention of Accidents Rules, 1902. The Railway Employment (Prevention of Accidents) Act, 1900, provides by s. 1, sub-s. 1, as follows:- “The Board of Trade may, subject to the provisions of this Act, make such rules as they think fit with respect to any of the subjects mentioned in the schedule to this Act, with the object of reducing or removing the dangers and risks incidental to railway service.” No. 12 of the schedule is in the following terms:- “Protection to permanent way men when relaying or repairing permanent