Scott v the London and St Katherine Docks Company
| Jurisdiction | England & Wales |
| Judgment Date | 07 February 1865 |
| Date | 07 February 1865 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 665
IN THE EXCHEQUER CHAMBER.
S. C. 34 L. J. Ex. 220; 11 Jur. (N. S.) 204; 13 W R. 410, 13 L. T 148. Distinguished, Higgs v. Maynard, 1866, 1 H. & R. 581 Followed, Briggs v Oliver, 1866, 4 H. & C. 403. Adopted, Smith v. Great Eastern Railway, 1866, L. R. 2 C. P. 11. Distinguished, Moffatt v. Bateman, 1869, L R 3 P C. 115, 6 Moore, P. C. (N. S.) 369, Bridges v. North London Railway, 1871, L. R. 6 Q B. 391: reversed 1874, L. R 7 H. L. 213, Manzoni v. Douglas, 1880, 6 Q. B. D. 151; Crisp v. Thomas, 1890, 63 L. T. 811. Referred to, Travers v. Cooper, [1914] 1 K. B. 78.
mine in proper order for mining operations. On the contrary, it appears by the evidence that the mine had been worked in the ordinary course for the last six years. In taking coal from the bed, the roof would necessarily from time to time require propping and the injury was caused by the underlooker delaying for one day to prop the roof after he was informed by the plaintiff that the stone was dangerous. We have come to the conclusion that the underlooker, whose duty it was to prop up tie roof of the mine, and the [595] plaintiff were fellow labourers ; so that the case falls within the principle established not only in this country, but also in Scotland, Ireland and America, that a servant, when he engages to serve a master, undertakes as between himself and his master to run all the ordinary risks of the service, including negligence oit the part of a fellow servant, when he is acting in the discharge of his duty as servant of him who is the common master of both The cases on the subject are collected with skill and clearness in Smith's Law of Master and Servant (page 144, and ed ). When it. can he properly predicated that there is the exact relation of fellow labourers is a question of great nicety and difficulty. My brother Williams brought the idea into prominent relief by saying that at times a fellow labourer should be considered as standing in the position of a deputy master, and that if there was negligence on his part whilst in that position the real master would be responsible. That question, however, does not arise in this case. We think that the plaintiff and the underlooker were fellow labourers, and that the latter was not in the position of a deputy master for whose negligence the mine owners are responsible. We are therefore of opinion that the direction of my brother Blackburn was right, and the judgment of the Court below must be affirmed. Judgment affirmed.(b) [596] 1 THE EXCHEQUnR CHAMBER 27 2. 31 (Appeal from the Court of Exchequer.) 44. 1 Xh 13..i* dUls-..j.a a 0_ is4t 4/33,1; a 41_ SCOTT v. THE LONDON AND ST. KATHERINE DOCKS COMPANY. Feb. 7, 1865. Held, in the Exchequer Chamber, that in an action for personal injury caused by the alleged negligence of the defendant, the plaintiff must adduce reasonable evidence of negligence to warrant the Judge in leaving the...
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