A miner whose duty it was to take hutches, when they were full, down an incline attempted to do so by placing himself in front of them in violation of an express verbal prohibition by his employers from guiding hutches downwards otherwise than from the side, with the result that he was fatally injured.
Held (rev. the judgment of the First Division, Viscount Finlay diss.) that the miner was not acting within the sphere of his employment at the time of the accident, and appeal allowed
Judges:
Viscount Cave, Viscount Finlay, Lord Dunedin, Lord Shaw, and Lord Sumner
Citations:
[1924] UKHL 479, 61 SLR 479
Links:
Jurisdiction:
Scotland
Personal Injury
Updated: 09 June 2022; Ref: scu.631558