Wilson v Caledonian Railway Company

JurisdictionScotland
Judgment Date16 December 1899
Docket NumberNo. 68.
Date16 December 1899
CourtCourt of Session
Court of Session
2d Division

Lord Justice-Clerk, Lord Young, Lord Moncreiff.

No. 68.
Wilson
and
Caledonian Railway Co.

ReparationNegligenceMaster and ServantKnown DangerLifting heavy packagesResponsibility of foremanEmployers Liability Act, 1880 (43 and 44 Vict. cap. 42), sec. 1.

In an action of damages under the Employers Liability Act, 1880, by a labourer against a railway company, the pursuer averred that when he was in the defenders' employment his duty was to discharge waggons; that in cases of hampers and such like goods this was done by means of light cranes; that when he was about to unload a waggon containing large bundles of soft goods, as these were just the sort of goods that required the aid of the crane, he asked the foreman for the use of the crane; that the foreman, instead of complying with his request, peremptorily ordered him to go ahead without the crane; that the pursuer did so, and succeeded in transferring the first package from the waggon to the platform, but that in attempting to put the second on to the platform it proved too heavy and unwieldy, owing not only to its actual size and weight, but also to the fact that the centre of gravity was always shifting on account of the nature of the package's contents, in consequence of which the pursuer in attempting to remove it from the waggon to the platform strained and injured his back; that the accident was due to the fault of the foreman in refusing the pursuer the use of the crane, or in not employing another man to assist the pursuer; and that the defenders were responsible for the fault of the foreman, his ordinary or principal duty being superintendence, and not manual labour.

The Court dismissed the action as irrelevant.

In May 1899 John Wilson, labourer, brought an action, in the Sheriff Court at Glasgow, against the Caledonian Railway Company, for 163, 16s. as damages under the Employers Liability Act, 1880.

The pursuer averred;(Cond. 2) On 22d February 1899 the pursuer was in the employment of the defenders as a labourer at their goods station, Buchanan Street, Glasgow. (Cond. 3) His duty was to discharge waggons. This is done, in the case of hampers and such like goods, by the aid of light cranes erected on the different platforms or tables by defenders for the purpose. (Cond. 4) On said date pursuer was about to unload a waggon containing large bundles of soft goods, and as these were just the sort of goods that required the aid of the crane, he asked the foreman, Donald...

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  • R. v. Berdan,
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • 1 September 2021
    ...2021-09-16T13:33:29Z Standard 034a106e-6316-442c-ad35-738afd673d2b cddc1229-ac2a-4b97-b78a-0e5cacb5865c 24476d86-6558-4287-b198-2f319b2e7c28 Clean false false false EN-US JA X-NONE

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