Herd v Weardale Steel Coal & Coke Co Ltd [1914] UKHL 2 (30 June 1914)

Herd v Weardale Steel Coal & Coke Co Ltd [1914] UKHL 2 (30 June 1914)

A miner who voluntarily descends into a mine under a contract stipulating ascent only at the end of his shift cannot claim false imprisonment if the mine owner refuses to bring him up at an earlier time, as there is no statutory or contractual right to immediate ascent and the conditions were accepted by the miner.

Citation
[1914] UKHL 2
Parties
Appellant: Herd; Respondents: Weardale Steel, Coal and Coke Company, Limited and Others
Jurisdiction
United Kingdom
Judgment Date
30 June 1914
Procedural Posture
Tort Appeal / House of Lords Judgment
Outcome
appeal dismissed with costs
Legal Topics
False Imprisonment, Contractual Obligations, Statutory Duties in Mining
Tort Law Employment Law False Imprisonment Contractual Obligations Statutory Duties in Mining

Case Brief

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Parties

Herd

Appellant

Weardale Steel, Coal and Coke Company, Limited and Others

Respondents

Procedural Posture

Tort Appeal / House of Lords Judgment

Legal Issues

  1. 1 Whether refusal by mine owners to immediately bring a miner to the surface at his demand constitutes false imprisonment
  2. 2 Whether statutory or contractual rights entitled the miner to immediate ascent

Ratio Decidendi

A miner who voluntarily descends into a mine under a contract stipulating ascent only at the end of his shift cannot claim false imprisonment if the mine owner refuses to bring him up at an earlier time, as there is no statutory or contractual right to immediate ascent and the conditions were accepted by the miner.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs