Flannigan v. The Fife Coal Co., Ltd [1911] ScotLR 12 (24 October 1911)

Flannigan v. The Fife Coal Co., Ltd [1911] ScotLR 12 (24 October 1911)

The relevancy of the pursuer's case at common law cannot be determined apart from the facts; there are sufficient averments of statutory breach to justify sending the case to trial and approving the issue for jury consideration.

Citation
[1911] ScotLR 12
Parties
Pursuer (appellant): Hugh Flannigan; Defender (respondent): The Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
24 October 1911
Procedural Posture
Action of Damages (reparation) / Appeal for Jury Trial; Approval of Issue
Outcome
case to go to trial; issue approved
Legal Topics
Employer's Liability, Negligence, Statutory Duty, Master and Servant, Coal Mine Safety
Tort Employment Law Statutory Interpretation Employer's Liability Negligence Statutory Duty Master and Servant Coal Mine Safety

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Parties

Hugh Flannigan

Pursuer (appellant)

The Fife Coal Company, Limited

Defender (respondent)

Procedural Posture

Action of Damages (reparation) / Appeal for Jury Trial; Approval of Issue

Legal Issues

  1. 1 Whether the pursuer's case at common law is relevant in addition to the admitted statutory claim under the Employers' Liability Act 1880
  2. 2 Whether breach of statutory duty under the Coal Mines Regulation Act 1887 gives rise to absolute liability at common law
  3. 3 Whether the defenders failed to appoint competent persons and properly secure the mine roof as required by statute

Ratio Decidendi

The relevancy of the pursuer's case at common law cannot be determined apart from the facts; there are sufficient averments of statutory breach to justify sending the case to trial and approving the issue for jury consideration.

Court Disposition

case to go to trial; issue approved

Orders

  • The Court approved the proposed issue for jury trial.
  • The case proceeds to trial for determination of liability and damages.