Crowe v Brennan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1969
• Date: 01 January 1969
• Court: Supreme Court

(S.C.)

Crowe

and

Brennan

Employee injured - Obvious danger -Duty of employer - Whether injury reasonably foreseeable.

The plaintiff, a builder's labourer employed by the defendant, injured his hand while greasing a cement-mixing machine of a common type. The mixing drum of the machine was rotated by a small driving-gear which engaged in a larger gear. The place where the two gears engaged was not guarded. The shaft of the driving-gear was lubricated by grease which was contained in a metal cup screwed into the housing of the shaft over a greasing point. The grease cup was usually replenished when the machine was not in use by unscrewing the grease cup, packing it with grease and replacing it by screwing it back into its seat in the housing of the drive shaft. While the supply of grease in the grease cup lasted, the flow of grease to the drive shaft was usually maintained by screwing the grease cup further into its seat from time to time while the machine was operating. A person who removed, replaced or adjusted the grease cup was compelled to place his hand within a few inches of the point where the two gears engaged. The plaintiff had about two years' experience of the machine. On the 30th August, 1963, the plaintiff for the first time removed the grease cup, filled it with grease and screwed it into its seat while the gears were revolving, and as he removed his hand it was caught in the gears and was crushed. The plaintiff had frequently, and without mishap, adjusted the grease cup while the machine was operating. The plaintiff claimed damages from the defendant for negligence. Held, by the Supreme Court ( Ó Dálaigh C.J., Walsh and Budd JJ.) 1. That the question arising for decision was whether it was reasonably foreseeable that the unguarded mesh of gears would be a cause of injury to a person adjusting the grease cup while the machine was in motion...