The rule, which exempts a master from liability to a servant for injury caused by the negligence of a fellow-servant, applies in cases where, although the immediate object on which the one servant is employed is very dissimilar from that on which the other is employed, yet the risk of injury from the negligence of the one is so much a natural and necessary consequence of the employment which the other accepts that it must be included in the risks which have to be considered in his wages. Thus, whenever an employment in the service of a railway company is such as necessarily to bring the person accepting it into contact with the traffic of the line, risk of injury from the carelessness of those managing that traffic is one of the risks necessarily and naturally incident to such employment, and within the rule. The plaintiff was in the employment of a railway company as a carpenter, to do any carpenter’s work for the general purposes of the company. He was standing on a scaffolding at -work on a shed close to the line of railway, and some porters in the service of the company carelessly shifted an engine on a turn-table so that it struck a ladder supporting the scaffold, by which means the plaintiff was thrown down and injured.
Held: On the above principle, that the company were not liable.
[1865] EngR 751, (1865) 5 B and S 736, (1865) 122 ER 1004, (1865-1866) LR 1 QB 149, [1865] UKLawRpKQB 32
Commonlii
England and Wales
Citing:
Appeal from – Morgan v The Vale Of Neath Railway Company QBD 4-Jul-1864
. .
Lists of cited by and citing cases may be incomplete.
Updated: 20 September 2021; Ref: scu.281663