Priestly v. Fowler
| Priestley v Fowler | |
|---|---|
| Court | Court of Exchequer |
| Citation(s) | [1837] 150 E.R. 1030, (1837) 3 Mees & Wels 1 |
| Keywords | |
| Tort, common employment, freedom of contract | |
Priestley v Fowler [1837] 150 ER 1030 is an old English tort law case, which introduced the old rule of common employment (or "fellow servant rule" in the United States). This is idea that the employer is not liable for injuries caused by one employee to another in the course of their employment. The rule was removed in its entirety in the United Kingdom by the Law Reform (Personal Injuries) Act 1948.
Despite this, there was no allegation by the plaintiff in this case "about the act of any fellow servant or indeed any suggestion that the duty sought to be put on the employer was other than a primary duty to ensure that the van was a safe conveyance."
On 30 May 1835 Charles Priestley, a servant of butcher Thomas Fowler of Market Deeping, was ordered to conduct mutton to market. The meat was placed in a wagon driven by William Beeton, another of Fowler's employees. Priestley was to accompany the cart only as far as Buckden, some twenty miles from Peterborough, where he was to sell some quantity of the loaded provisions. Beeton would then continue on to London to vend the remainder.
The four-horse team could not move the van and "jibbed," meaning that they stopped in their tracks and would not move forward. Turning to the nearby Fowler, Beeton protested that "he ought to be ashamed of himself for sending such a dangerous load." Fowler responded by calling Beeton "a damned fool for saying anything of the sort." Although present during the exchange, Priestley held his peace. Following this ominous start, the wagon soon embarked on its journey, propelled into motion by some of Fowler's other employees.
Nearing Peterborough, Beeton and Priestley heard a cracking noise as the cart rolled over some stones. Consequently, they had the van inspected by Gideon Lucas, owner of the King's Head Inn. The perusal, conducted by lantern light because they had departed Market Deeping at nine thirty at night, revealed nothing amiss with the cart. Nevertheless, while traversing the mile south from Peterborough towards Norman Cross, the wagon's front axle cracked along a third of its length and gave way, overturning the vehicle. Beeton was pulled ahead of the van's collapse by the horses, escaping substantial harm. Priestley was less fortunate: some four hundredweight worth of mutton fell on him, resulting in a broken thigh, a dislocated shoulder, and various other injuries.
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