M'Keating v. Frame [1920] ScotLR 238 (04 February 1920)

The pursuer's averments, assumed true at this stage, are relevant to infer fault and negligence on the part of the defender for failing to obtain medical assistance and ordering the servant to leave while gravely ill; such conduct may constitute breach of duty and is suitable for jury trial.

Citation: [1920] ScotLR 238
Parties: Pursuer: Mrs Elizabeth Ferguson or M'Keating; Defender: Thomas Frame
Jurisdiction: Scotland
Judgment Date: 04 February 1920
Procedural Posture: Damages Action / Appeal From Dismissal; Interlocutor Recalled; Issue Allowed for Jury Trial
Outcome: Interlocutor of Lord Ordinary recalled; issue approved; case remitted for jury trial.
Legal Topics: Master and Servant, Negligence, Duty of Care, Reparation

Tort Employment Law Master and Servant Negligence Duty of Care Reparation

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Mrs Elizabeth Ferguson or M'Keating

Pursuer

Thomas Frame

Defender

Procedural Posture

Damages Action / Appeal From Dismissal; Interlocutor Recalled; Issue Allowed for Jury Trial

Legal Issues

1 Whether a master is liable for failing to obtain medical assistance for a seriously ill domestic servant
2 Whether ordering a servant in a dangerous condition to leave the house constitutes negligence

Ratio Decidendi

Court Disposition

Interlocutor of Lord Ordinary recalled; issue approved; case remitted for jury trial.

Orders

Recall of Lord Ordinary's interlocutor
Approval of issue for trial