COUR DE CASSATION, Chambre sociale, du 5 avril 1962, Publié au bulletin
Case Outcome | REJET |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 05 avril 1962 |
Publication au Gazette officiel | N° 363 |
QUE LA DECHARGE QUI S'ENSUIVIT PROVOQUA LA MORT DE DEUX DES OUVRIERS, AINSI QUE DE GRAVES BRULURES A ZENTAR ;
ATTENDU QUE SUR L'ACTION INTRODUITE PAR CE DERNIER A L'ENCONTRE DE SON EMPLOYEUR ET TENDANT A CE QU'IL SOIT JUGE QUE CE DERNIER OU LE SUBSTITUE A LA DIRECTION AVAIT COMMIS UNE FAUTE INEXCUSABLE AU SENS DE L'ARTICLE 468 DU CODE DE LA SECURITE SOCIALE, LA COUR D'APPEL A REJETE SES PRETENTIONS ;
ATTENDU QU'EN SON POURVOI, ZENTAR FAIT GRIEF A L'ARRET ATTAQUE D'AVOIR AINSI STATUE, ALORS D'UNE PART QUE LE TRAVAIL A EFFECTUER CONSISTAIT DANS LA TRACTION D'UN CABLE DESTINE A ELEVER UNE CHARGE AU SOMMET D'UN PYLONE A TRES FAIBLE DISTANCE D'UNE LIGNE ELECTRIQUE A HAUTE TENSION, DANS LAQUELLE LE COURANT N'ETAIT PAS INTERROMPU ET QUE LE CABLE EMPLOYE ETAIT ARME DE METAL CONDUCTEUR ET QUE D'AUTRE PART LE CHEF D'EQUIPE NE SURVEILLAIT PAS LA MANOEUVRE, ETANT OCCUPE A UN AUTRE TRAVAIL ET AYANT LE DOS TOURNE A CELLE-CI ;
MAIS ATTENDU, SUR LA PREMIERE BRANCHE, QUE LA COUR D'APPEL A OBSERVE QUE LE TRAVAIL AUQUEL PROCEDAIT CETTE Y..., NE S'EFFECTUAIT PAS A...
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