Downie v. Connell Brothers, Ltd [1910] ScotLR 666 (26 May 1910)

Downie v. Connell Brothers, Ltd [1910] ScotLR 666 (26 May 1910)

The action was dismissed as irrelevant because the doctrine of common employment precludes liability of the owners for an assault by the master on a fellow-servant, and the statutory duty to provide a certificate of discharge lies solely on the master, not the owners, with the only remedy being the statutory penalty.

Citation
[1910] ScotLR 666
Parties
Pursuer: John Downie; Defender: Connell Brothers, Limited
Jurisdiction
Scotland
Judgment Date
26 May 1910
Procedural Posture
Civil Appeal / Inner House, Second Division, Reclaiming Motion
Outcome
action dismissed
Legal Topics
Master and Servant Liability, Common Employment, Statutory Duties of Shipmasters, Assault in Employment, Merchant Shipping Certificates
Tort Employment Law Maritime Law Master and Servant Liability Common Employment Statutory Duties of Shipmasters Assault in Employment Merchant Shipping Certificates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Downie

Pursuer

Connell Brothers, Limited

Defender

Procedural Posture

Civil Appeal / Inner House, Second Division, Reclaiming Motion

Legal Issues

  1. 1 Whether shipowners are liable for assault by master on seaman under common employment
  2. 2 Whether shipowners are liable for master's failure to provide certificate of discharge under Merchant Shipping Acts
  3. 3 Whether statutory duty to provide maintenance and return applies

Ratio Decidendi

The action was dismissed as irrelevant because the doctrine of common employment precludes liability of the owners for an assault by the master on a fellow-servant, and the statutory duty to provide a certificate of discharge lies solely on the master, not the owners, with the only remedy being the statutory penalty.

Court Disposition

action dismissed

Orders

  • Lord Ordinary's interlocutor recalled
  • action dismissed with expenses to defenders