Torts Commons^™

Malka V. Attorney General, Moshe Silberg, Zvi Berinson, David Goitein

Translated Opinions

On September 1, 1953, the appellant, who was driving a truck, knocked down a child of two years of age, Shimon Manan, causing a fracture of the arm. The child was taken to hospital where the doctors examined the arm, discovered the fracture, but also found that the fracture was a closed one so that the child's blood had not come in contact with the road. The doctors considered that there was, for this reason, no need to give the child an antitetanus injection, and that in fact it "might have been dangerous to do so. The child remained under …

Atia V. Rosenbaum, Zvi Berinson, David Goitein, Moshe Landau

Translated Opinions

The plaintiff was employed by the defendant to work an electrically-driven wool-teasing machine. On January 17, 1951 the plaintiff was cleaning the machine when his hand got caught and, before it could be released, was seriously injured. The plaintiff sued the defendant for damages for negligence and breach of the statutory duty to fence securely every dangerous part of any machinery or to provide the other safety measures set out in s. 18(1) of the Factories Ordinance, 1946

The Court of first instance, in dismissing the claim, held that there had been no breach of statutory duty because the employer …

Deutsch V. Attorney General, Shimon Agranat, David Goitein, Yoel Sussman

Translated Opinions

The effect of the provision in section 217 of the Criminal Code Ordinance, 1936, 1) that "an unlawful omission is an omission amounting to culpable negligence to discharge a duty (of care)..." is that a person can be convicted of the offence of manslaughter, defined in section 212 2) as "causing the death of another person by an unlawful act or omission", only where it is proved:

(a) that the lack of care on the part of the accused amounted to "gross negligence", that is to say, was a serious divergence from the standard of reasonable care, and

(b) that …

Rotenstreich V. Attorney General, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg

Translated Opinions

The appellant was convicted under s. 218 of the Criminal Code Ordinance, 1936, of causing the death of two small children. The children, though warned not to do so, had been in the habit of bathing in a pool on the appellant's land. The two children had in fact on a previous occasion been driven off and warned not to go near the pool. Nevertheless they disregarded the warning, went into the pool, and were drowned.

Held: Allowing the appeal, per Cheshin J. and Assaf J., that the elements necessary for criminal liability under s. 218 of the (criminal Code …