Lunnie v. Glasgow and South Western Railway Co. [1906] ScotLR 43_372 (10 February 1906)

Lunnie v. Glasgow and South Western Railway Co. [1906] ScotLR 43_372 (10 February 1906)

A master is not liable for injuries to a volunteer assisting a servant, caused by the negligence of another servant, as the volunteer is in the same position as a servant and the doctrine of common employment applies.

Citation
[1906] ScotLR 43_372
Parties
Pursuer: Patrick Lunnie (administrator-at-law for William Lunnie); Defender: Glasgow and South Western Railway Company
Jurisdiction
Scotland
Judgment Date
10 February 1906
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; interlocutor affirmed; defenders assoilzied
Legal Topics
Negligence, Common Employment, Master and Servant, Liability for Acts of Servants, Volunteer Assistance
Tort Employment Law Negligence Common Employment Master and Servant Liability for Acts of Servants Volunteer Assistance

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Parties

Patrick Lunnie (administrator-at-law for William Lunnie)

Pursuer

Glasgow and South Western Railway Company

Defender

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Is a master liable for injuries to a volunteer assisting a servant, caused by the negligence of another servant?
  2. 2 Does the doctrine of common employment apply to a volunteer not formally employed by the master?

Ratio Decidendi

A master is not liable for injuries to a volunteer assisting a servant, caused by the negligence of another servant, as the volunteer is in the same position as a servant and the doctrine of common employment applies.

Court Disposition

appeal dismissed; interlocutor affirmed; defenders assoilzied

Orders

  • Appeal dismissed
  • Interlocutor appealed against affirmed