Hutchinson v Irish Electrical Construction Company

JurisdictionIreland
Judgment Date10 April 1935
Date10 April 1935
CourtSupreme Court (Irish Free State)
H. C., S. C., I.F.S.
Hutchinson
and
Irish Electrical Construction Company

Prohibition limiting sphere of employment - Ascent of standard carrying electricity wires before current cut off - Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58), s. 1(1).

The applicants claimed compensation under the Workmen's Compensation Act, 1906, as dependants of a deceased workman employed by the respondents. The deceased was employed by the respondents in connection with their work in carrying out an electrical installation in a number of houses. On the day of his death, his work included fixing shackles to the wall of a house and shackles and insulators to a pole or standard for the purpose of the main wires being connected to the house. Without a specific order or direction to do so at that time, he placed a ladder against the pole and ascended it, carrying shackles and insulators. He apparently lost his balance at the top of the ladder, clutched the main wires, and was electrocuted. The evidence for the respondents was that the deceased had been instructed that when he had finished his prior work, he was to report to the engineer or to the foreman that he wanted the line switched out and that he was ready to ascend the pole; and that no one was to ascend the pole without a note in writing from the operator or engineer. There was also evidence, corroborated by one of the applicants' witnesses, that a few days previously the deceased had started to ascend a pole; that the foreman had warned him that the line...

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2 cases
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