Master and servant—Master's duties—Breach of—Scope of duty of care placed on
employer towards his servants—Plaintiff machine operator sustaining injuries when
trapped by broken branch of timber tree felled by plaintiff—No evidence of practice in
timber business requiring posting of persons in concessions warning machine
operator of direction of fall—Breaking of branch not foreseeable—No proof of unsafe
system of work nor exposure to unnecessary risks—Whether plaintiff's claim in
negligence sustainable.
Labour—Industrial accident—Scope of—Act 328 providing for registration of factories,
health, welfare and safety of persons employed in factories, offices and shops—
Timber felling not included in categories of work covered by Act—Plaintiff sustaining
injuries in timber felling operation—Whether plaintiff's claim alleging breach by
defendants' of stationary duties under the Act maintainable—Factories, Offices and
Shops Act, 1970 (Act 328), preamble and s. 83(1).