Colliery-owners provided a free service of trains which the workmen used if they so desired in going to and from work. An accident occurred to a train owing to the negligence of a servant engaged in repairs on the railway, and another servant was killed while travelling in the train.
Held that the deceased workman in using the train had accepted the risk of his fellow-servant’s negligence although his own work was over for the day.
Judges:
Lord Chancellor (Loreburn), Lords Atkinson, Gorell, and Shaw
Citations:
[1909] UKHL 610
Links:
Jurisdiction:
England and Wales
Personal Injury
Updated: 25 April 2022; Ref: scu.620594
