ROBERT ADDIE & SONS (COLLIERIES), LTD. V. DUMBRECK
(1929) A.C. 358
NATURE OF THE CASE: This is an action for wrongful death due to the failure to take
suitable precautions to avoid accidents.
FACTS: Robert Addie & Sons (D) operated a haulage system in their fields. This system
consisted of two parts: the engine which operated the system, and a wheel about which cable
turned. The wheel was not visible from the engine. This wheel was dangerous and attractive
to children. D took some measures to keep children away from the wheel, however, they were
only in the form of brief admonishments and warnings. It was evident that D was more
concerned about the safety of its own property then of the safety of the trespassers. The
surrounding hedge had several gaps, making it easy for children to pass over the property.
Children, in fact, often used the property as a shortcut. The two gates had signs warning
trespassers that they would be prosecuted. Dumbreck's (P) son was a 4-year old boy. He had
been warned by P not to go into the field. He did anyway, was caught in the wheel mechanism,
and died. The court awarded P judgment, holding that the accident was D's fault for not
taking suitable precautions to avoid accidents. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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