SANDERSON v. MILLOM HEMATITE AND IRON ORE CO. LTD.

June 29, 1967 Mines — Quarry — Fall of stone from face — Face inspection at 8.30 a.m. but not immediately preceding work by men at foot of face — Whether proper inspection — Probability that stone fall caused by superincumbent load, lifting shots and rain — No system of notifying manager of direction to workers to carry out dangerous operation — Whether proper system — Man directed to work in dangerous place without manager's knowledge — Death of man from stone fall — Whether reasonable care taken for man's safety — “… Close and effective supervision … by manager” — Whether manager supervising if unaware of operation — “Duty to avoid dangers from falls” — Whether absolute — “Defence … that… impracticable to avoid or prevent … contravention” of statutory provision — Onus of proof — Whether discharged by defendants — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70), ss.l03(l), 108(1), 157.