M'Laughlan v. Colin Dunlop & Co. and Another

Subject_1 Reparation Subject_2 Master and Servant Subject_3 Dangerous Machinery Subject_4 Master's Liability for Negligence of Fellow-Servant of Servant Injured.

Observed that the effect of the Employers Liability Act 1880 is to alter the rule of the common law by which the servant is held content to bear such risks of the service as the carelessness of a fellow-servant, and that result of the case might have been different if the Act had applied.

It was proved that the defenders supplied their workmen with all needful materials and machinery, and that if the engineman asked that any repairs should be done they were done at once.

The Sheriff ( Clark ) on appeal recalled the interlocutor of the Sheriff-Substitute, found that the death of Michael M'Laughlan was caused through the fault of the defenders, or those for whom they were responsible, and decerned in favour of the pursuer, with expenses, assessing the damages at £150.

As to the amount of damages, I have endeavoured to fix these having regard to the age of the pursuer's husband and the amount of his earnings for some time before the accident occurred. It is always difficult to gauge matters of this kind, but it seems to me that £150 is a sufficient and yet not excessive amount to award.”