Kemp & Dougall v. The Darngavil Coal Co., Ltd [1909] ScotLR 939 (15 July 1909)

Kemp & Dougall v. The Darngavil Coal Co., Ltd [1909] ScotLR 939 (15 July 1909)

The defenders owed no duty of care to the injured workman at the time and place of the accident because the operation in which he was injured was outside the scope of the defenders' business and contractual obligations. The stevedores' work was not performed for the defenders' benefit or under their contract, and thus no legal liability for damages arose against the defenders. Accordingly, the pursuers were not entitled to indemnity under section 6 of the Workmen's Compensation Act 1906.

Citation
[1909] ScotLR 939
Parties
Pursuer: Kemp & Dougall; Defender: The Darngavil Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
15 July 1909
Procedural Posture
Action for Declarator and Indemnity / Inner House, First Division, Court of Session (appeal/reclaiming Motion From Lord Ordinary)
Outcome
Defenders assoilzied (absolved); interlocutor of Lord Ordinary recalled.
Legal Topics
Negligence, Workmen's Compensation, Master and Servant, Defective Plant, Liability to Third Parties
Tort Labour Law Negligence Workmen's Compensation Master and Servant Defective Plant Liability to Third Parties

Case Brief

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Parties

Kemp & Dougall

Pursuer

The Darngavil Coal Company, Limited

Defender

Procedural Posture

Action for Declarator and Indemnity / Inner House, First Division, Court of Session (appeal/reclaiming Motion From Lord Ordinary)

Legal Issues

  1. 1 Whether the defenders (colliery company) owed a duty of care to the injured workman employed by the stevedores under circumstances where the injury was caused by a defective waggon supplied by the defenders.
  2. 2 Whether the defenders were legally liable to indemnify the pursuers (stevedores) for compensation paid under the Workmen's Compensation Act 1906.

Ratio Decidendi

The defenders owed no duty of care to the injured workman at the time and place of the accident because the operation in which he was injured was outside the scope of the defenders' business and contractual obligations. The stevedores' work was not performed for the defenders' benefit or under their contract, and thus no legal liability for damages arose against the defenders. Accordingly, the pursuers were not entitled to indemnity under section 6 of the Workmen's Compensation Act 1906.

Court Disposition

Defenders assoilzied (absolved); interlocutor of Lord Ordinary recalled.

Orders

  • Action dismissed; defenders absolved from liability.