Imperial Chemical Industrie

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Imperial Chemical Industries Ltd v Shatwell

House of Lords
LORD REID, VISCOUNT RADCLIFFE, LORD HODSON, LORD PEARCE AND LORD DONOVAN

LORD REID.
My Lords, this case arises out of the accidental explosion of a charge at a quarry belonging to the appellants which caused injuries to the respondent George Shatwell and his brother James, who were both qualified shotfirers. On 8 June 1960, these two men and another shotfirer, Beswick, had bored and filled fifty shot holes and had inserted electric detonators and connected them up in series. Before firing it was necessary to test the circuit for continuity. This should have been done by connecting long wires so that the men could go to a shelter some eighty yards away and test from there. They had not sufficient wire with them and Beswick went off to get more. The testing ought not to have been done until signals had been given, so that other men could take shelter, and these signals were not due to be given for at least another hour. Soon after Beswick had left George said to his brother “Must we test them”, meaning shall we test them, and James said “yes”. The testing is done by passing a weak current through the circuit in which a small galvanometer is included and if the needle of the instrument moves when a connexion is made the circuit is in order. So George got a galvanometer and James handed two short wires to him. Then George applied the wires to the galvanometer and the needle did not move. This showed that the circuit was defective so the two men went round inspecting the connections. They saw nothing wrong and George said that that meant there was a dud detonator somewhere, and decided to apply the galvanometer to each individual detonator. James handed two other wires to him and George used them to apply the galvanometer to the first detonator. The result was an explosion which injured both men.
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