Canavan v. John Green & Co. [1905] ScotLR 43_200 (16 December 1905)

Canavan v. John Green & Co. [1905] ScotLR 43_200 (16 December 1905)

Liability under section 1(3) of the Employers’ Liability Act 1880 requires that the injury result from the workman conforming to a particular order or direction given by a superior. In this case, no such particular order was given to the pursuer; therefore, the statutory requirements were not met, and the jury was misdirected. The verdict could not stand, and a new trial was ordered.

Citation
[1905] ScotLR 43_200
Parties
Pursuer: John Patrick Canavan; Defender: John Green & Company
Jurisdiction
Scotland
Judgment Date
16 December 1905
Procedural Posture
Civil / Bill of Exceptions and Motion for New Trial After Jury Verdict
Outcome
verdict set aside; new trial granted
Legal Topics
Employers' Liability, Negligence, Master and Servant, Reparation, Jury Trial, Statutory Interpretation
Tort Law Employment Law Employers' Liability Negligence Master and Servant Reparation Jury Trial Statutory Interpretation

Case Brief

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Parties

John Patrick Canavan

Pursuer

John Green & Company

Defender

Procedural Posture

Civil / Bill of Exceptions and Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether liability under section 1(3) of the Employers’ Liability Act 1880 requires a particular order or direction to the injured workman, and whether the injury resulted from conforming to such an order.

Ratio Decidendi

Liability under section 1(3) of the Employers’ Liability Act 1880 requires that the injury result from the workman conforming to a particular order or direction given by a superior. In this case, no such particular order was given to the pursuer; therefore, the statutory requirements were not met, and the jury was misdirected. The verdict could not stand, and a new trial was ordered.

Court Disposition

verdict set aside; new trial granted

Orders

  • Exceptions allowed
  • Rule for new trial made absolute