Burgoyne v. Walker [1907] ScotLR 241 (11 December 1907)

Burgoyne v. Walker [1907] ScotLR 241 (11 December 1907)

The skipper of the trawler remained the servant of the trawler owner, not the Fishery Board, as the owner retained control and interest in the navigation and proceeds; the Fishery Board official and the skipper were not fellow servants; thus, the owner is liable for the death caused by the skipper's negligence.

Citation
[1907] ScotLR 241
Parties
Pursuer/respondent: Mrs Jeannie Peters or Burgoyne; Defender/appellant: Andrew Walker
Jurisdiction
Scotland
Judgment Date
11 December 1907
Procedural Posture
Reparation (damages for Death) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Master and Servant Liability, Vicarious Liability, Common Employment, Pro Hac Vice Employment, Liability for Negligence of Servant
Tort Employment Law Master and Servant Liability Vicarious Liability Common Employment Pro Hac Vice Employment Liability for Negligence of Servant

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Parties

Mrs Jeannie Peters or Burgoyne

Pursuer/respondent

Andrew Walker

Defender/appellant

Procedural Posture

Reparation (damages for Death) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the skipper of the trawler was pro hac vice the servant of the Fishery Board or remained the servant of the trawler owner
  2. 2 Whether the doctrine of common employment (fellow servant rule) applied to exclude liability
  3. 3 Whether the trawler owner was liable for the death of the Fishery Board official due to the skipper's negligence

Ratio Decidendi

The skipper of the trawler remained the servant of the trawler owner, not the Fishery Board, as the owner retained control and interest in the navigation and proceeds; the Fishery Board official and the skipper were not fellow servants; thus, the owner is liable for the death caused by the skipper's negligence.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Defender to pay £300 sterling to the pursuer as an individual
  • Defender to pay £150 sterling to the pursuer as tutor for the pupil child