Percy v. Donaldson Brothers [1908] ScotLR 199 (27 November 1908)

Percy v. Donaldson Brothers [1908] ScotLR 199 (27 November 1908)

The relationship of master and servant had ended when the pursuer finished his work and left the employer's premises; the subsequent journey to collect wages did not prolong the employment relationship. Therefore, the doctrine of common employment did not apply to bar the pursuer's claim for damages.

Citation
[1908] ScotLR 199
Parties
Pursuer: David Percy; Defenders: Donaldson Brothers
Jurisdiction
Scotland
Judgment Date
27 November 1908
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Sheriff-Substitute's interlocutor recalled; case remitted for proof.
Legal Topics
Master and Servant, Common Employment, Termination of Employment, Personal Injury, Employer's Liability
Employment Law Tort Law Master and Servant Common Employment Termination of Employment Personal Injury Employer's Liability

Case Brief

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Parties

David Percy

Pursuer

Donaldson Brothers

Defenders

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the relationship of master and servant continued after the pursuer ceased work and left the employer's premises but before receiving wages
  2. 2 Whether the doctrine of common employment applied to bar the pursuer's claim for damages

Ratio Decidendi

The relationship of master and servant had ended when the pursuer finished his work and left the employer's premises; the subsequent journey to collect wages did not prolong the employment relationship. Therefore, the doctrine of common employment did not apply to bar the pursuer's claim for damages.

Court Disposition

Sheriff-Substitute's interlocutor recalled; case remitted for proof.

Orders

  • The interlocutor of the Sheriff-Substitute is recalled.
  • The case is remitted to the Sheriff Court for probation (proof).