London & North Eastern Railway Co. (LNER) v Berriman - PowerPoint PPT Presentation

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London & North Eastern Railway Co. (LNER) v Berriman

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London & North Eastern Railway Co. (LNER) v Berriman
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London & North Eastern Railway Co. (LNER) v Berriman

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  1. London & North Eastern Railway Co. (LNER) v Berriman Case details: A railway worker was oiling points along a railway line, he was killed whilst doing this maintenance. His widow tried to claim compensation as their had not been a look-out man provided by the railway company in accordance with the Fatal Accidents Act. The key in this case were the words in the Act, which clearly stated ‘a look-out should be provided for men working near or on the railway line for the purposes of repairing of relaying it’ Approach: The judge took a Literal approach, taking the words in the act for their literal meaning. Outcome: The judge held that maintenance was not within the literal meaning of the words in the act, which were ‘repairing or relaying’ As he was doing neither, compensation cannot be claimed.