Refreshment rooms and a coal-cellar at a railway station were let by the company to one S, the opening for putting coals into the cellar being on the arrival platform. A train coming in whilst the servants of a cod-merchant mere shooting coals into the cellar for S., the plaintiff, a passenger, whilst passing (as the jury found) in the usual way out of the station, without any fault of his own, fell into the cellar opening, which the coal-merchant’s servants had negligently left insufficiently guarded.
Held: S, the occupier of the refreshment-rooms and cellar, was responsible for this negligence. And semble, per Williams, J, that the railway company also would be liable, but not the coal-merchant.
Judges:
Williams J
Citations:
[1861] EngR 71, (1861) 10 CB NS 470, (1861) 142 ER 535
Links:
Cited by:
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability, Negligence
Updated: 02 May 2022; Ref: scu.283831