Bett v. Dalmeny Oil Co., Ltd [1905] ScotLR 42_638 (17 June 1905)
The statutory duty to make the mine roof secure under the Coal Mines Regulation Act 1887 is absolute and cannot be avoided by invoking the doctrine of common employment. The employer's neglect after being warned by a prior roof fall constitutes inexcusable negligence and breach of statutory duty.
- Citation
- [1905] ScotLR 42_638
- Parties
- Pursuer: Robert Bett; Defender: Dalmeny Oil Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 17 June 1905
- Procedural Posture
- Personal Injury Action / Motion for New Trial After Jury Verdict
- Outcome
- rule discharged; verdict for pursuer upheld
- Legal Topics
- Negligence, Statutory Duty, Common Employment, Coal Mines Regulation Act 1887
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Bett
Pursuer
Dalmeny Oil Company, Limited
Defender
Procedural Posture
Personal Injury Action / Motion for New Trial After Jury Verdict
Legal Issues
- 1 Is the doctrine of common employment a valid defence to breach of statutory duty under the Coal Mines Regulation Act 1887?
- 2 Did the employer breach its statutory and common law duty to make the mine roof secure?
Ratio Decidendi
The statutory duty to make the mine roof secure under the Coal Mines Regulation Act 1887 is absolute and cannot be avoided by invoking the doctrine of common employment. The employer's neglect after being warned by a prior roof fall constitutes inexcusable negligence and breach of statutory duty.
Court Disposition
rule discharged; verdict for pursuer upheld
Orders
- motion for new trial refused
- damages of £250 awarded to pursuer
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