Dalyell against Tyer and Others
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1858 |
| Date | 15 June 1858 |
| Court | High Court |
English Reports Citation: 120 E.R. 744
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 28 L. J. Q. B. 52; 5 Jur. N. S. 335; 6 W. R. 684. Referred to, Foulkes v. Metropolitian District Railway, 1880, 5 C. P. D. 169.
[899] dalyell agaiiist tykkr and others. Tuesday, June 15th, 1858. H., the lessee of a ferry, hired from defendants, for one day, a steam tug and crew, to assist in carrying his passengers across. He received the fares : and defendants were paid by him for the hire of the tug; they sent and paid the crew. Plaintiff, who had contracted with and paid H. for being carried across the ferry at all times during one year, went on board the tug, from H.'s pier, as a passenger, for the purpose of crossing. By the negligence of the crew some tackle broke; and plaintiff, while on board, was injured.-Held, that he was entitled to recover against defendants for such negligence. [S. C. 28 L. J. Q. B. 52; 5 Jur. N. S. 335; 6 W. R. 684. Referred to, Foulkes v. Metropolitan District Railway, 1880, 5 C. P. D. 169.] The declaration stated that, at the time of committing the grievances thereinafter mentioned, defendants were possessed of a certain steam ship, then being navigated by their servants; and plaintiff was then lawfully, and with the consent of defendants, a passenger for hire on board the said steam ship; and it then was the duty of defendants to navigate the said steam ship with reasonable care and skill, and to provide the same with all fit arid proper and necessary tackle and ropes : yet defendants, neglecting their said duty, did not then navigate the steam ship with such reasonable care and skill, and did not then provide the same with such fit and proper and necessary tackle and ropes: whereby, and by the breaking of part of the tackle used about the said vessel, plaintiff was struck in the face and greatly injured, &c. Pleas. 1. Not guilty. 2. That defendants were not possessed of the said steam ship navigated by their servants as alleged. 3. That plaintiff was not lawfully and EL BL. & EL 900. DALYELL V. TYBEE 745 with the consent of defendants a passenger for hire on board the said steam ship. 4. That it was not the duty of defendants to navigate the said steam ship with the care aud skill, and to provide the same with the tackle and ropes, as alleged. Issue on all the pleas. There was also a special plea, which was demurred to, not material to, or referred to in, the argument or judgment in the present case. [900] On the trial, before Byles J., at the last Spring Assizes for Liverpool, it appeared that Hetheriugton, the lessee and occupier of a steam ferry plying between Liverpool and Rock Ferry, had, on the day in question, hired from the defendants, who represent The Liverpool Steam Tug Company, one of their steam tugs, for that day only, to assist him in carrying passengers across between Liverpool and Bock Ferry, there being an unusual number of passengers on that day, owing to a regatta. Hetherington paid the Company 101. 10s. for the use of the steam tug for that day, he receiving the ferry fares from the passengers, and the Company supplying and paying the master and crew. The plaintiff was a yearly contractor with Hetherington, and was entitled to cross by Hetherington's ferry when and as often as he chose. On the day in question...
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