John Summers & Sons Ltd v Frost [1955] AC 740
Breach of statutory duty; fencing of dangerous machinery; contributory negligence
Facts
Mr Frost was an experienced maintenance fitter employed at the defendant factory. He was grinding a piece of metal on a grinding wheel which rotated 1450 times per minute. The upper part of the grinding wheel was covered by a safety hood but part of the rotating stone was unguarded. Mr Frost’s thumb came into contact with the exposed wheel and he sustained injury. He sought damages from his employer for breach of s14(1) Factories Act 1937.
Issues
S14(1) Factories Act 1937 places an employer under a duty to ensure that dangerous machinery is appropriately fenced off for their employee’s safety. The factory asserted that the requirement for fencing under the statute was only a duty to provide fencing so far as is possible to allow for its continued use. They also contended that the injury had been a result of Mr Frost’s own negligence. Mr Frost denied he had been contributorily negligent. He contended that s14 imposed an absolute duty on his employer to ensure dangerous machinery is fenced off where there is foreseeability of injury. The duty is absolute and unqualified.
Decision/Outcome
Mr Frost was successful in his claim. There was a foreseeable risk of injury if the rotating stone was not appropriately fenced off. There was an absolute duty under s14(1) Factories Act 1937 to fence off dangerous machinery and the grinding stone was not fenced off. Mr Frost was not guilty of contributory negligence and the factory was liable for his injuries.
Updated 19 March 2026
This article accurately summarises the facts, issues, and outcome of John Summers & Sons Ltd v Frost [1955] AC 740, which remains a leading authority on breach of statutory duty and the absolute nature of fencing obligations under factory legislation. The case is still regularly cited in this context.
Readers should note, however, that the statutory provision in issue — s14(1) of the Factories Act 1937 — was subsequently re-enacted in the Factories Act 1961, and that Act has itself been largely superseded. The primary legislative framework governing workplace machinery safety in Great Britain is now the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) (PUWER), made under the Health and Safety at Work etc. Act 1974. PUWER imposes duties relating to the guarding of dangerous parts of machinery (see in particular reg. 11), though the standard applied under PUWER differs in some respects from the absolute duty established under the 1937 Act. The case retains its importance as a statement of legal principle on breach of statutory duty and the interpretation of absolute statutory obligations, but students should be aware that it does not reflect the current statutory regime for machinery safety.
