Abstract

February 10, 1971 Factory — Statutory duty — Breach — Lighting — Maintenance — Lighting on kiln roof and on chimney stack — Control of roof lights at ground level — Workman injured — Action against employers — Allegations of negligence and breach of statutory duty in statement of claim not established — Amendment to statement of claim allowed at late stage of trial — Findings of negligence and breach of statutory duty against employers based solely on amendment — Amendment wrongly allowed — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), ss. 5(1), 28(4), 29(1).

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