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Leathem v Isaac Black Ltd

Irish Law Times Reports (Digests) Cited authorities 2 Cited in 2 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1946
Date01 January 1946
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Leathem
and
Isaac Black Ltd

Master and servant - Injuries to servant in course of employment -Duty of master to provide safe system of working -Casual negligence of servant - Common employment -Workmen's Compensation Act (N.I.),1927 (17 18 Geo. 5, c. 16), s. 29 - Alternative remedies - Election - Compensation received under Workmen's Compensation Acts.

The plaintiff, L., was employed by the defendants as a helper to a plasterer named H., who also was employed by the defendants, who carry on business as estate agents and house repairers. Defendants, who were engaged in plastering houses, supplied scaffolding of the bracket type, which is affixed to the wall but is not supported from the ground, instead of the pole or tubular type, which is supported from the ground. L. and H. were engaged in preparing to plaster one of the houses. H., whose duty it was to erect the scaffolding, had just done so about 15 minutes and both he and L. were standing on it when it collapsed. Both fell 13 feet to the ground, from which fall L., the plaintiff, received ankle injuries. Held: That the doctrine of common employment is not available to defeat the claim of a workman injured by the failure of the master's agent to provide a safe system of working; and heldfurther that the...

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