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THE MASTER OF THE ROLLS (Lord Denning), LORD JUSTICE HARMAN and LORD JUSTICE PEARSON. ____________________
(Transcript of the Shorthand Notes of THE ASSOCIATION OF OFFICIAL SHORTHANDWRITERS LIMITED, Room No.392, Royal Courts of Justice, and No.2, New Square, Lincoln's Inn, London, W.C.2).
Mr W.D. THORNLEY HODGSON, Q. C., and Mr KEITH W. DEWHURST (instructed by Messrs L. Bingham & Co., Agents for Messrs James Chapman & Co., Manchester) appeared on behalf of the Appellants (Defendants). Mr J. STANLEY WATSON, Q. C., and Mr EDWARD S. TEMPLE (instructed by Messrs Jaques & Co., Agents for Messrs Cecil Franks & Co., Manchester) appeared on behalf of the Respondents (Plaintiffs). ____________________
THE MASTER OF THE ROLLS : This case arises out of a tragic accident which took place on Friday, 12th December, 1958, when two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Their widows bring the action against the occupier, Mr Nathan, claiming that he was at fault and in breach of the duty of care which is now laid down by the Occupiers' Liability Act of 1957.
It is very unfortunate that this case was tried so long after the accident. The action was not commenced until 2� years after the accident, and not tried till four years after. In the intervening time the caretaker, a most important witness, had disappeared without trace. So the court, after this length of time, is in great difficulty in ascertaining the facts.
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Common Room
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