ABSTRACT
The appellant avers that he had to unload two railway wagons filled with bales of pulp within the respondents’ factory. He had to stand upon and make his way over the bales and, as the wagons were loosely filled, the bales formed an insecure foothold. Owing to the bale on which he was standing tipping up, he fell to the ground and was injured. After quoting the terms of s 29(1) of the Act of 1961 he avers: ‘The place at which the pursuer had to work was not made and kept safe for him working there.’ His ground of fault is that the respondents failed to comply with the statutory provision referred to and that this failure was the cause of the accident.
