Baker v T. E. Hopkins & Son Ltd

: The tragie events which gave rise to this litigation occurred within a very short space of time on Wednesday, 17th August 1955. The Appellant Company had been engaged to undertake the task of cleaning out a well at Tadser farm, Ticknell, in the county of Derby, which had become contaminated. The well was about 50' in depth with a diameter of 6' 0?. On Saturday 13th August Mr. Hopkins, together with his employees, ward and ileman, went to the farm. They appear first to have attempted to empty that wall by using the hand pump which was normally used. It was obviously necessary to empty the well of water before the well could be adguately cleaned. The hand pump proved to be ineffective for the purpose of pumping the water from the bottom of the well. An alternative method of pumping had to be devised. Mr. Hopkins decided to use a Pegs on pump which was one which was operated by a petrol engine. Mr. Hopkins went away in order to get the pump in question and returned with it and with other equipment on his lorry. Mr. Hopkins made a teat of the atmosphere in the well. He adopted the method of lowering a lighted candle which was placed in a bucket. When the bucket was raised again the candle was still alight. The evidence showed that a candle would remain alight if the percentage of oxygen in the atmosphere was not below 17% Having made the test Mr. Hopkins and his two men proceeded to erect a wooden platform in the well at a position approximately 9' above the existing water level in the well. The depth of the water in the well was approximately 12' 0?. the well there were certain permanent wooden fixtures which supported and contained the pipe through which water was pumped from the well. A ladder from the surface was placed on to one of the cross members of the wooden structure: from that ladder It was possible to step on to a second ladder which was placed so as to reach down to the platform that was erected. The pump was lowered down to the platform. No sufficiently long delivery hose was then available. On Tuesday the 16th August Mr. Hopkins and the two men went again to the farm. The learned Judge accepted the evidence of Mr. Hopkins that he made a test by lowering a candle into the well and that the candle was not extinguished. A length of hose had to be obtained so that the water could be pumped to ground level. After that was obtained the petrol engine of the pump was started up. It was started by Ward Mr. Hopkins being then half way down the well. After some initial uncertainty the engine ran smoothly Mr. Hopkins and Ward came up to the surface after the engine had been made to run and the latter made a remark to Mr. Hopkins to this effect "By gum you couldn't stay down there long the fumes would kill you," Mr. Hopkins replied "That is how they commit suicide in motor care. "The remarks as made were considered by the Judge to be by way of casual exchange. The petrol tank of the engine contained enough petrol to enable the motor pump to run for about 6 hours and Mr. Hopkins considered that such period of time would be sufficient to enable the pump to clear the well. The engine was started just after 4 o'clock in the afternoon.

The evidence establishes that the use of a petrol driven engine in the well was productive of most serious consequences. The exhaust from the petrol engine would contain carbon monoxide. Carbon monoxide is an odourless gas and is very slightly lighter than air but in the confines of the well. where the air would be undisturbed, it would not be drawn away or rise but would gradually build up a most dangerous concentration of Lethal Gas. It is not in contest in the litigation that the method employed was improper and was highly dangerous. There were no means of ventilation in the well.

The evidence showed that a concentration of half of one per cent of carbon monoxide is fatal and that a most dangerous quantity of carbon monoxide may be present even though the oxygen content of the air remains at over 17 per cent. The lighted candle test to which I have referred is therefore quite useless for the effective detection of carbon monoxide.

Mr. Hopkins was absolved from conduct that involved callousness or moral turpitude on his part but it was clearly shown that by reason of his lack of knowledge and experience and his failure to take advice he employed a system which inevitably exposed those called upon to operate It to unnecessary risks. Mr. Hopkins did not appreciate the grave dangers of the system that he adopted and did not know that the teats of the atmosphere in the well that he made were wholly ineffective as a means of detecting the presence of a highly dangerous concentration of poisonous gas.

Though when Mr. Hopkins first adopted the plan of having a petrol driven pump some 30' down in the well he had not appreciated the dangers that he was creating, he does appear to have had some sense of alarm after the pump had been working for a short time. When a friend of his, a Mr. Grew, called upon him while he was at the farm on that Tuesday afternoon Mr. Grew and Mr. Hopkins made a test to measure the depth of the water in the well. A test of the air was then made by attaching a lighted candle to a line and lowering it down into the well. After the candle had been lowered approximately 15' 0? the candle became extinguished. That took place at about 4.55 p.m. Shortly after that Mr. Hopkins went away from the farm leaving ward and Wileman there. Before he went away Mr. Hopkins spoke to Ward and it was held by the learned Judge that he used words to this effect "Don't go down the well tomorrow until the fames have cleared." Mr. Ward replied "All right". Ward and Wileman remained at the farm until approximately 5.30. but just before they left the engine stopped of its own accord. It had by then been running for about 1 hours. It seems very probable that the reason why the engine stopped was that the well had become so devoid of oxygen that combustion in the engine was not possible.

Mr. Hopkins then became uneasy about the conditions in the well. He decided to go back there and did so at about 7 P.M. Ward and wileman did not know of this visit and never come to know of it. Mr. Hopkins had expected to find the petrol engine still running but he learned that it had stopped just before his men Ward and Wileman left for the day. Looking into the well he saw that it contained a kind of blue have and there was a smell of fumes.

Next morning at 7.30 ward and W Herman, in accordance with the usual practice, went to the yard of the Defendant Company at Aabby and there met other employee a and Mr. Hopkins. Certain orders for the men were given and Ward and wileman were told that the lorry driver, whose name was cartlidge, would drive them in the lorry to Tadser Farm. Before the lorry left the yard certain posts had to be unloaded and Ward and Wilema & were to as a 1st in their unloading. The lorry was to take certain tiles to a near by village and was then to take the two men on. The learned Judge held that Mr. Hopkins said to ward and wlleimn "Frank (i.e. Frank Cartlidge) will take you to Tadaer Pars and don't go down that bloody well till I get there." From the yard Ward and Wileman took with them a partly filled two gallon can of petrol. Mr. Hopkins thought that the time which would be taken in carrying out the early duties would be about an hour. In fact the two men arrived at Tadser Farm at about a quarter past eight. Mr. Hopkins had an engagement which took has to Ellistown and he planned thereafter to go on to Tadser Farm.

After Ward and wileman arrived at Tadser Farm bearing with them the partly filled 2 gallon petrol can they appear first to have made a teat of the depth of the water in the well. so Miss Insley, who was staying at the farm, concluded by reason of some sounds what she heard. Then after the men had been at the farm some 7 to 10 minutes Miss Insley heard Wileman call out in a tone of some agitation - "Bill are you all right, "Miss Insley called her brother-in-law Mr. Taylor. Mr. Taylor went out and sat? and spoke to Wileman who said that he feared that his mate who had gone down the well must be ill. Mr. Taylor said that he would seek help and requested Wileman not to go down the well. Mr. Taylor went to a near by farm in order to telephone for or to cause telephone messages to be sent for the police and for a doctor and to summon Mr. Hopkins. Miss Insley went outside shortly thereafter. Miss Insley and Mrs. Taylor looked down into the well and listened. They could see that Wileman had gone down. He appeared to be on the platform down in the well. Heavy breathing could be heard and a splashing sound that may have been caused by the falling of petrol from the platform to the water below. Mr. Taylor returned and was accompanied by the neighbouring farmer. Being told of the situation Mr. Taylor went away in order to get the police to call a fire brigade that would have breathing apparatus. Then Mr. Baker arrived at the Farm. It seems clear that in some manner he must have...