Black v. The FIFE Coal Co., Ltd [1908] ScotLR 191 (24 November 1908)

Black v. The FIFE Coal Co., Ltd [1908] ScotLR 191 (24 November 1908)

The employer is not liable at common law for the death of a miner caused by carbon monoxide gas where the officials appointed were competent by the standards of the time, and statutory duties breached were imposed on the officials, not the employer. Reasonable care in selection of officials was exercised, and the employer is not required to appoint officials with knowledge of obscure dangers not generally known in the industry.

Citation
[1908] ScotLR 191
Parties
Pursuers (respondents): Widow and children of Alexander Hynd Black; Defenders (appellants): The Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
24 November 1908
Procedural Posture
Reparation (damages for Death at Work) / Appeal From Sheriff Court at Kirkcaldy to Court of Session Inner House, Second Division
Outcome
Defenders assoilzied (absolved) at common law; decree for pursuers under Employers' Liability Act 1880 for sum tendered; pursuers found liable in expenses.
Legal Topics
Employer's Liability, Negligence, Master and Servant, Statutory Duty, Coal Mines Regulation Act 1887, Workmen's Compensation Act 1897, Employers' Liability Act 1880
Tort Employment Law Statutory Interpretation Employer's Liability Negligence Master and Servant Statutory Duty Coal Mines Regulation Act 1887 +2 more

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Parties

Widow and children of Alexander Hynd Black

Pursuers (respondents)

The Fife Coal Company, Limited

Defenders (appellants)

Procedural Posture

Reparation (damages for Death at Work) / Appeal From Sheriff Court at Kirkcaldy to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the employer is liable at common law for death caused by breach of statutory duty by competent officials in a coal mine
  2. 2 Whether the employer failed to appoint competent officials given the risk of carbon monoxide gas
  3. 3 Whether breach of statutory rules by mine officials imposes liability on the employer at common law

Ratio Decidendi

The employer is not liable at common law for the death of a miner caused by carbon monoxide gas where the officials appointed were competent by the standards of the time, and statutory duties breached were imposed on the officials, not the employer. Reasonable care in selection of officials was exercised, and the employer is not required to appoint officials with knowledge of obscure dangers not generally known in the industry.

Court Disposition

Defenders assoilzied (absolved) at common law; decree for pursuers under Employers' Liability Act 1880 for sum tendered; pursuers found liable in expenses.

Orders

  • Defenders to pay pursuers £282, 17s. 6d. under Employers' Liability Act 1880
  • Pursuers found liable in expenses in both Courts