RODGERS v. LONDON BRICK CO. LTD. Available to Purchase

April 24, 1969 Mines and quarries — Act of 1954 — Duty to fence — Construction — Hoisting tractor out of clay pit — Nip between ram connecting cylinder with scarifying bar on back of tractor — Slip by employee trapping foot in nip — Whether ram a reasonably foreseeable cause of injury — Whether a “dangerous” exposed part of machinery — Whether duty to fence — Rope from crane not long enough to reach if tractor on level ground — Tractor backed up to bottom of slope — Whether failure to provide longer rope breach of common law duty — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70) ss.82,115(a).