FACTORY TRUCK NEED NOT BE • . , -FENCED
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A FACTORY truck is not a machine in. of the type requiring to be fenced under the Factories Act, 1937. This was affirmed in the Court of Appeal on Monday.
Sydney Frank Cherry appealed against a judgment of Mr. Justice Gorman in favour of International Alloys, Ltd., Aylesbury. The appellant, a motor mechanic, had injured his hand against the fan of a Lister factory truck, and claimed damages on the ground that the truck was " machinery" to which the Act applied.
Mr. Justice Gorman had upheld the company's plea that the Act did not affect the truck in the manner suggested, and the three Lords Justice concurred with his judgment.
Lord Justice Sellers said that the truck was not machinery to which Section 14 of the Act was intended to apply, but a vehicle.
Lard Justice Devlin added that the object of the Act was not to make safety provisions for vehicles, being things which might travel inside or outside a factory, but for machinery inside the factory.