£1560 FOR WIDOW

Greymouth Evening Star, 17 April 1937, Page 12

£1560 FOR WIDOW

RISKS OF EMPLOYEES

LONDON. February 27

An important judgment concerning the law of common employment, under which a servant is assumed to accept the risks of his employer, was given by Mr. Justice Hawke at Liverpool Assizes to-day when he awarded £l,560 damages and costs to Mrs. Ellen Veronica Radcliffe, of Adlam Road, Liverpool. Her husband. Eric Charles Radcliffe, a bus driver, employed by Ribblc Motor Services, was standing beside the cabin door of an empty bus at the firm’s garage when, it was alleged, another bus, in attempting to draw up in front, passed so close that he was crushed. Mrs. Radcliffe sued his employers for compensation. Mr. Justice Hawke said he had no doubt the accident was solely due to a lack of care on the part of the driver of the other ’bus, but the chief point raised for the defence was that the accident arose out of common employment. The risks accepted under the doctrine of common employment included the risk due to the negligence or incompetence of his fellowservant.

“In my opinion,”.he added, “it is the community of risk rather than the community of employment which forms the foundation for this doctrine. The employment must be common in the sense that the safety of one depends on the care and skill of the other.”

He held that the two drivers in this case were engaged in independent operation, and therefore the plaintiff was entitled to recover. After giving judgment, Mr. Justice Hawke granted a stay of execution pending consideration of an appeal.