Littlejohn v. John Brown & Co., Ltd [1908] ScotLR 42 (06 November 1908)

Littlejohn v. John Brown & Co., Ltd [1908] ScotLR 42 (06 November 1908)

The pursuer was not in the employment of the defenders as required by the Employers' Liability Act 1880; direct and immediate selection, payment, control, and dismissal were by the rivetters, not the defenders. The verdict was contrary to evidence on employment, and a new trial was ordered.

Citation
[1908] ScotLR 42
Parties
Pursuer: John Littlejohn; Defender: John Brown & Company, Limited
Jurisdiction
Scotland
Judgment Date
06 November 1908
Procedural Posture
Personal Injury Action Under Employers' Liability Act 1880 / Post Jury Verdict, Application for New Trial
Outcome
Rule absolute; new trial ordered
Legal Topics
Master and Servant, Employers' Liability, Pleadings, Negligence, Contract of Employment, Piece Work, Notice and Amendment of Pleadings
Employment Law Tort Law Master and Servant Employers' Liability Pleadings Negligence Contract of Employment Piece Work +1 more

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Parties

John Littlejohn

Pursuer

John Brown & Company, Limited

Defender

Procedural Posture

Personal Injury Action Under Employers' Liability Act 1880 / Post Jury Verdict, Application for New Trial

Legal Issues

  1. 1 Whether pursuer was in the employment of defenders for purposes of Employers' Liability Act 1880
  2. 2 Whether the evidence of fault was admissible given departure from pleadings
  3. 3 Whether the verdict was contrary to evidence

Ratio Decidendi

The pursuer was not in the employment of the defenders as required by the Employers' Liability Act 1880; direct and immediate selection, payment, control, and dismissal were by the rivetters, not the defenders. The verdict was contrary to evidence on employment, and a new trial was ordered.

Court Disposition

Rule absolute; new trial ordered

Orders

  • New trial granted
  • Verdict for pursuer set aside