Falconer v. P.&J. M'Cabe [1900] ScotLR 38_112 (30 November 1900)

Falconer v. P.&J. M'Cabe [1900] ScotLR 38_112 (30 November 1900)

The hatch-mouth man, Murray, was not a person whose sole or principal duty was superintendence and was ordinarily engaged in manual labour; therefore, the employer was not liable under the Employers Liability Act 1880 for any negligence on his part.

Citation
[1900] ScotLR 38_112
Parties
Pursuer/appellant: John Falconer; Defenders/respondents: P. & J. M'Cabe
Jurisdiction
Scotland
Judgment Date
30 November 1900
Procedural Posture
Reparation (personal Injury) / Appeal to Court of Session, Inner House, Second Division
Outcome
Appeal dismissed; defenders assoilzied (absolved)
Legal Topics
Employers' Liability, Negligence, Master and Servant, Interpretation of 'superintendence' Under Employers Liability Act 1880
Tort Employment Law Employers' Liability Negligence Master and Servant Interpretation of 'superintendence' Under Employers Liability Act 1880

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Parties

John Falconer

Pursuer/appellant

P. & J. M'Cabe

Defenders/respondents

Procedural Posture

Reparation (personal Injury) / Appeal to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether the hatch-mouth man (Thomas Murray) was a 'person entrusted with superintendence' under the Employers Liability Act 1880, section 1(2) and section 8
  2. 2 Whether the accident was caused by negligence of the hatch-mouth man for which the employer is liable

Ratio Decidendi

The hatch-mouth man, Murray, was not a person whose sole or principal duty was superintendence and was ordinarily engaged in manual labour; therefore, the employer was not liable under the Employers Liability Act 1880 for any negligence on his part.

Court Disposition

Appeal dismissed; defenders assoilzied (absolved)

Orders

  • Appeal dismissed
  • Sheriff's interlocutor of 12th June 1900 adhered to