Breslin v. The Clyde Quarries, Ltd [1905] ScotLR 42_422 (10 March 1905)

Breslin v. The Clyde Quarries, Ltd [1905] ScotLR 42_422 (10 March 1905)

There was no relevant averment of fault or negligence against the defenders; the risk of a horse being frightened by ordinary quarry operations was incidental to the pursuer's employment and not actionable at common law.

Citation
[1905] ScotLR 42_422
Parties
Pursuer/appellant: Michael Breslin; Defender/respondent: The Clyde Quarries, Limited
Jurisdiction
Scotland
Judgment Date
10 March 1905
Procedural Posture
Reparation (personal Injury) / Appeal to Inner House, First Division, Court of Session
Outcome
appeal dismissed; action dismissed
Legal Topics
Negligence, Risks Incidental to Employment, Duty to Warn, Common Law Liability
Tort Employment Law Negligence Risks Incidental to Employment Duty to Warn Common Law Liability

Case Brief

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Parties

Michael Breslin

Pursuer/appellant

The Clyde Quarries, Limited

Defender/respondent

Procedural Posture

Reparation (personal Injury) / Appeal to Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the defenders owed a duty to warn the pursuer of the operation of the crane
  2. 2 Whether the risk of the horse being frightened was incidental to the pursuer's employment
  3. 3 Whether there was a relevant averment of fault or negligence against the defenders

Ratio Decidendi

There was no relevant averment of fault or negligence against the defenders; the risk of a horse being frightened by ordinary quarry operations was incidental to the pursuer's employment and not actionable at common law.

Court Disposition

appeal dismissed; action dismissed

Orders

  • Action dismissed as irrelevant; no proof allowed