Payne v Weldless Steel Tube Company Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 27 October 1955 |
| Judgment citation (vLex) | [1955] EWCA Civ J1027-3 |
| Court | Court of Appeal |
| Date | 27 October 1955 |
[1955] EWCA Civ J1027-3
In The Supreme Court of Judicature
Court of Appeal
Lord Justice Denning
Lord Justice Hodson and
Lord Justice Morris
Therefore, I did have se doubt as to exactly what the learned Judge had found. He accepted the evidence of the Plaintiff, and the evidence of the Plaintiff was that while walking in an ordinary way across this floor – for I think the plate must be regarded as part of the floor; it was put there to be walked upon – he puthis foot upon a part of the floor which so rooked as to cause him to overbalance. I wondered, therefore, whether the learned Judge was really intending to find that this floor was in an efficient state and in good repair.
My doubts, therefore, have arisen, not in regard to the law on the matter, but in regard to the way in which the learned Judge had dealt with it – which was very largely, I think, because of the way in which he was invited to deal with it. But, having indicated those doubts, I do not dint from the ons expressed by my Lords.
| Order: Appeal dismissed with costs. Leave to appeal to the House of Lords refused. |
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Albert Henry Clarke v British Steel Corporation (a corporate body)
...read, the learned judge was, Mr. Esyr Lewis points out, relying upon the judgment of Lord Justice Denning (as he then was) in Payne v. Weldless Steel Tube Co. Ltd. (1955 3 Weekly Law Reports 771). Lord Justice Denning said, of a previous enactment of what is now section 28 of the Factories ......
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Winstanley v T. & J. Harrison Ltd (Defender.)
...JUSTICE EDMUND DAVIES 10 Safety val non is a matter of degree, and it must depend upon the facts of a particular case. In Payne v. Weldless Steel Tube Co. Ltd., reported in 1956 1 Queen's Bench, at page 196, where common law negligence and breaches of Sections 25(1) and 26(1) of the Factori......
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Keith Thompson (Appellant (Plaintiff) v Yorkshire Imperial Metals Ltd (Respondent
...dismiss this appeal. LORD JUSTICE MANN 9 I agree. The matter in my judgment is comprehended by a decision of this court in Payne v. Weldless Steel Tube Company [1955] 3 All E.R. 612, where Lord Justice Denning (as he then was), said that the question as to whether or not a floor was safe wa......
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Charles Daniel Kockelbergh v Massey Ferguson Tractors Ltd
...the province of the County Court Judge in circumstances such as these, it is the case of ( Payne v. Weldless Steel Tube Co. Ltd. 1956 1 Queen's Bench 196) to which we have been referred by learned counsel for the appellant - very properly, it being a case against him, which he sought to dis......