The plaintiff was injured when a wheel came off a van which he was driving for his employer, and which it was the duty of the defendant, under contract with the employer, to keep in repair. The county court judge and the Divisional Court both hold that, even if negligence was proved, the action would not lie.
Held: The defendant was under no duty to the plaintiff and that there was no cause of action.
Matthew LJ said: ‘The argument of counsel for the plaintiff was that the defendant’s servants had been negligent in the performance of the contract with the owners of the van, and that it followed as a, matter of law that anyone in their employment, or, indeed, anyone else who sustained an injury traceable to that negligence, had a cause of action against the defendant. It is impossible to accept such a wide proposition, and, indeed, it is difficult to see how, if it were the law, trade could be carried on. No prudent man would contract to make or repair what the employer intended to permit others to use in the way of his trade.’
Judges:
Sir Richard Henn Collins MR, Stirling LJ, Mathew LJ
Citations:
[1905] 1 KB 253
Jurisdiction:
England and Wales
Citing:
Applied – Winterbottom v Wright 1842
Owing to negligence in the construction of a carriage it broke down. A third party sought damages for injuries which he alleged were due to negligence in the work.
Held: The doctrine of privity of contract precluded actions in tort by third . .
Cited by:
Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
Lists of cited by and citing cases may be incomplete.
Negligence, Employment
Updated: 13 May 2022; Ref: scu.192609