Five years after Edwards came the 1954 case of Marshall v Gotham & Co. Ltd, yet another mining accident. The roof of a gypsum mine collapsed due to a rare geological fault. Gotham & Co had taken reasonable precautions to shore up the roof where required; they carried out a standard and accepted test and then shored up where a need was indicated. Anything in excess of this would have been unreasonable. "The danger was a very rare one. The trouble and expense involved in the use of precautions while not prohibitive, would have been considerable. The precautions would not have afforded anything like complete protection against the danger." In the circumstances, the employers had done all that was reasonable.
The claim by the wife of Marshall was unsuccessful but the case lead to the legal definition of practicable when compared with reasonably practicable.
www.she.ltd.uk
The claim by the wife of Marshall was unsuccessful but the case lead to the legal definition of practicable when compared with reasonably practicable.
www.she.ltd.uk
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