Strong v McAuley, McIlroy Company Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1929
Date01 January 1929
CourtRecorder’s Court (Northern Ireland)
[Rec. Ct., N.I.],
Strong
and
McAuley, McIlroy & Co., Ltd.

Servant disobeying instructions - Abandoning control to unauthorised person - Unknown to employer - Duty of servant - Scope of authority.

The defendants were building contractors and had in their employment a lorry driver named Boyd. On the day in question Boyd was sent for a load of slates, and had express instructions not to allow any other person to take charge of the lorry. Accompanying him on the lorry was a man called Magee, whom Boyd was teaching to drive and to whom he had relinquished the driving and control of the lorry. The lorry was a Ford, and Magee had only experience in driving a Morris-Cowley. The plaintiff, who was driving a motor cycle, was approaching the cross-roads of York Street and Henry Street when the defendants' lorry shot out from Henry Street and injured the plaintiff and his motor cycle. Magee was driving the...

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