Harper v. James Dunlop & Co. (1900), Ltd [1902] ScotLR 40_174 (05 December 1902)

Harper v. James Dunlop & Co. (1900), Ltd [1902] ScotLR 40_174 (05 December 1902)

No relevant averment of personal fault or breach of duty by the employer was made; the alleged faults were attributable to the foreman and workmen, not the company. Liability at common law was not established, but a relevant case under the Employers Liability Act 1880 was stated.

Citation
[1902] ScotLR 40_174
Parties
Pursuer: Thomas Harper; Defender: James Dunlop & Company (1900), Limited
Jurisdiction
Scotland
Judgment Date
05 December 1902
Procedural Posture
Reparation Action for Personal Injury / Interlocutory Judgment on Relevancy and Issue Allowance
Outcome
First conclusion (common law claim) dismissed; issue allowed under Employers Liability Act 1880 only.
Legal Topics
Negligence, Employers' Liability, Master and Servant, Jury Trial, Common Law Liability
Tort Employment Law Negligence Employers' Liability Master and Servant Jury Trial Common Law Liability

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Parties

Thomas Harper

Pursuer

James Dunlop & Company (1900), Limited

Defender

Procedural Posture

Reparation Action for Personal Injury / Interlocutory Judgment on Relevancy and Issue Allowance

Legal Issues

  1. 1 Whether the pursuer stated a relevant case for damages at common law against the employer
  2. 2 Whether the pursuer stated a relevant case under the Employers Liability Act 1880

Ratio Decidendi

No relevant averment of personal fault or breach of duty by the employer was made; the alleged faults were attributable to the foreman and workmen, not the company. Liability at common law was not established, but a relevant case under the Employers Liability Act 1880 was stated.

Court Disposition

First conclusion (common law claim) dismissed; issue allowed under Employers Liability Act 1880 only.

Orders

  • Dismiss the action so far as laid at common law and the first conclusion of the summons.
  • Approve the issue under the Employers Liability Act 1880 for trial.