Robertson v. Primrose & Co. [1909] ScotLR 147 (04 December 1909)

Robertson v. Primrose & Co. [1909] ScotLR 147 (04 December 1909)

The pursuer could not be presumed to have undertaken the risk of injury from the defective crane, as this was not an ordinary risk of his employment. Whether he voluntarily agreed to relieve the employer of liability was a question of fact for the jury. The pleadings disclosed a relevant case and issues should be allowed to go to proof.

Citation
[1909] ScotLR 147
Parties
Pursuer: Robert Robertson; Defender: Primrose & Company
Jurisdiction
Scotland
Judgment Date
04 December 1909
Procedural Posture
Reparation (personal Injury) / Appeal (reclaiming Motion) Against Dismissal at First Instance
Outcome
Appeal allowed; Lord Ordinary's interlocutor recalled; issues allowed to go to proof before jury.
Legal Topics
Employer's Liability, Volenti Non Fit Injuria, Master and Servant, Workplace Safety, Relevancy of Pleadings
Tort Employment Law Employer's Liability Volenti Non Fit Injuria Master and Servant Workplace Safety Relevancy of Pleadings

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Parties

Robert Robertson

Pursuer

Primrose & Company

Defender

Procedural Posture

Reparation (personal Injury) / Appeal (reclaiming Motion) Against Dismissal at First Instance

Legal Issues

  1. 1 Whether the pursuer voluntarily undertook the risk of injury from a defective crane (volenti non fit injuria)
  2. 2 Whether the pleadings disclosed a relevant case for employer's liability for workplace injury due to defective equipment

Ratio Decidendi

The pursuer could not be presumed to have undertaken the risk of injury from the defective crane, as this was not an ordinary risk of his employment. Whether he voluntarily agreed to relieve the employer of liability was a question of fact for the jury. The pleadings disclosed a relevant case and issues should be allowed to go to proof.

Court Disposition

Appeal allowed; Lord Ordinary's interlocutor recalled; issues allowed to go to proof before jury.

Orders

  • Recall of Lord Ordinary's interlocutor dismissing the action as irrelevant.
  • Approval of issues for jury trial.