The owner of a carriage hired a pair of horses for a day to draw the carriage. The owner of the horses also provided the driver, by whose negligence a horse belonging to a third party was injured. It appears that the majority of the court held that the owner of the carriage was not liable for the injury. Abbott CJ and Littledale J gave judgments with which an unrecorded majority of the court must have agreed. Littledale J said that the coachman or postillion cannot be the servant of both the owner of the horses and the traveller. ‘He is the servant of one or the other, but not the servant of one and the other; the law does not recognise a several liability in two principals who are unconnected.’
Abbott CJ said: ‘I have the control and management of all that belongs to my land or my house; and it is my fault if I do not so exercise my authority as to prevent injury to another.’
Judges:
Abbott CJ, Littledale J, Bayley and Holroyd JJ (dissenting)
Citations:
(1826) 5 B and C 547, [1826] EngR 355, (1826) 5 B and C 547, (1826) 108 ER 204
Links:
Cited by:
Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
The defendants had subcontracted work installing air conditioning to the second defendants, who in turn bought in fitters from the third defendants. A fitter caused a flood acting irresponsibly.
Held: The court reviewed the law of vicarious . .
Cited – Mint v Good CA 1951
The plaintiff was injured by the collapse of a wall which separated the highway from the forecourt of a house owned by the defendant. The house was let on a weekly tenancy. No right to enter was expressly reserved to the owner. The judge found that . .
Cited – Wilchick v Marks and Silverstone KBD 1934
The plaintiff was injured by a shutter falling from a house next to the highway. The house belonged to the owners who were large property owners but was let to a tenant on a weekly tenancy under rent control to a tailor in a small way of business. . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 30 April 2022; Ref: scu.230999