Gillies v. Cairns [1905] ScotLR 43_218 (01 December 1905)

Gillies v. Cairns [1905] ScotLR 43_218 (01 December 1905)

The employer was not liable because the defect in the ladder was either latent or, if apparent, was a minor matter customarily left to the master and crew. No fault was established against the employer, and any negligence was that of a fellow servant, not the employer.

Citation
[1905] ScotLR 43_218
Parties
Pursuer: Norman Gillies; Defender: David Cairns
Jurisdiction
Scotland
Judgment Date
01 December 1905
Procedural Posture
Action of Damages for Personal Injury / Appeal From Sheriff Court at Edinburgh to Court of Session Inner House, First Division
Outcome
Appeal dismissed; defender assoilzied (absolved) from liability; defender awarded expenses.
Legal Topics
Reparation, Negligence, Master and Servant, Employer's Duty of Care, Custom of Trade, Fellow Servant Rule, Shipowner Liability
Tort Employment Law Maritime Law Reparation Negligence Master and Servant Employer's Duty of Care Custom of Trade +2 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 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Norman Gillies

Pursuer

David Cairns

Defender

Procedural Posture

Action of Damages for Personal Injury / Appeal From Sheriff Court at Edinburgh to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the shipowner was liable for injuries caused by a defective ladder under the duty to provide safe apparatus and inspect for defects
  2. 2 Whether the defect was latent or apparent and whether the employer or a fellow servant was responsible
  3. 3 Whether the custom of the trade affected the employer's duty to inspect and repair minor defects

Ratio Decidendi

The employer was not liable because the defect in the ladder was either latent or, if apparent, was a minor matter customarily left to the master and crew. No fault was established against the employer, and any negligence was that of a fellow servant, not the employer.

Court Disposition

Appeal dismissed; defender assoilzied (absolved) from liability; defender awarded expenses.

Orders

  • Refuse the appeal
  • Affirm the interlocutors of the Sheriff-Substitute and Sheriff