Harvey v Singer Mfg Co [1959] ScotCS CSIH_2 (18 December 1959)

Harvey v Singer Mfg Co [1959] ScotCS CSIH_2 (18 December 1959)

The employer was negligent in failing to provide a safe system of work by not extending the dead table to eliminate the foreseeable risk of injury from the cut-out in table tops. The risk of injury was within the reasonable contemplation of a prudent employer. The pursuer was also contributorily negligent for placing his hand in the danger zone despite his knowledge of the risk. Liability was apportioned 75% to the employer and 25% to the pursuer.

Citation
[1959] ScotCS CSIH_2
Parties
Pursuer: John Harvey; Defender: Singer Manufacturing Company, Limited
Jurisdiction
Scotland
Judgment Date
18 December 1959
Procedural Posture
Personal Injury / Employer's Liability / Reclaiming Motion (appeal) Before the Inner House, Second Division
Outcome
Appeal allowed; judgment for the pursuer with apportionment of liability.
Legal Topics
Employer's Duty of Care, Negligence, Foreseeability, Contributory Negligence, Safe Plant and Equipment, Apportionment of Liability
Tort Law Employment Law Occupational Health and Safety Employer's Duty of Care Negligence Foreseeability Contributory Negligence Safe Plant and Equipment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Harvey

Pursuer

Singer Manufacturing Company, Limited

Defender

Procedural Posture

Personal Injury / Employer's Liability / Reclaiming Motion (appeal) Before the Inner House, Second Division

Legal Issues

  1. 1 Whether the employer was negligent in failing to provide a safe system of work and safe plant for processing table tops with cut-outs
  2. 2 Whether the risk of injury was reasonably foreseeable by the employer
  3. 3 Whether the pursuer was contributorily negligent and to what extent

Ratio Decidendi

The employer was negligent in failing to provide a safe system of work by not extending the dead table to eliminate the foreseeable risk of injury from the cut-out in table tops. The risk of injury was within the reasonable contemplation of a prudent employer. The pursuer was also contributorily negligent for placing his hand in the danger zone despite his knowledge of the risk. Liability was apportioned 75% to the employer and 25% to the pursuer.

Court Disposition

Appeal allowed; judgment for the pursuer with apportionment of liability.

Orders

  • Defenders found liable to the pursuer for damages, apportioned 75% to defenders and 25% to pursuer.
  • Damages assessed at £750, reduced by 25% for contributory negligence.