M'Manus v. J. & C. Hay

Subject_1 Reparation Subject_2 Master and Servant Subject_3 Actionable Negligence Subject_4 The Employers Liability Act (43 and 44 Vict. c. 42), sec. 1. Facts: A workman was injured through the falling of a piece of machinery which he was engaged in lifting in obedience to the order of the foreman, “to whose orders he was bound to conform” in the sense of the Employers Liability Act 1881. The Court being satisfied on the proof that the order was in itself reasonable and proper, and that therefore no actionable wrong had been committed, assoilzied the defenders.

William M'Manus, labourer, Dundee, presented a petition in the Sheriff Court of Forfarshire, in which he prayed the Court to ordain J. & C. Hay, builders, Dundee, to pay him the sum of £40 in name of damages for an injury sustained by him in executing an improper order of the foreman of the defenders (in whose employment he was), and which resulted in the loss of the point of one of his fingers.

He pleaded—“(1) The pursuer having been injured by reason of the negligence of Johnstone, the defenders' foreman, for whom they are responsible, and to whose orders he was conforming, is entitled to decree as sued for; or otherwise (2) The pursuer having been injured by the act of Johnstone, or others in the service of the employer, in consequence of the impropriety of the instructions given by him, for whom the defenders are responsible, is entitled to decree for the sums sued for, with expenses.”

The defenders denied that the order was an improper one, and attributed the occurrence of the injury to the pursuer himself or to pure accident.

They pleaded—“(1) The injury complained of not having been caused through any fault of the defenders, or those for whom they can be made responsible, the action is untenable, and ought to be dismissed. (2) Separatim , the demand is excessive.”