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."
Facts
On 30 May 1835 Charles Priestley, a servant of butcher Thomas Fowler of Market Deeping, was ordered to deliver 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.
As was customary upon the occurrence of such accidents, Priestley was taken to the closest public lodging, in this case the King's Head Inn from which he and Beeton had recently departed. Lying "in a very precarious state," Priestley remained at the inn for nineteen weeks, during the course of which he was treated by two surgeons. Exactly what happened during this convalescence period remains open to conjecture, but the total cost of Priestley's care and treatment, a hefty £50, was paid by his father, Brown Priestley.
Judgment
During the Lincoln Summer Assizes of 1836, Charles Priestley (as a minor through his father) sued his master Fowler for compensation relating to his accident.
On 18 July 1836 the action was tried before Park, J., who by all accounts was a sound judge, although given to occasional losses of temper. Serjeant Edward and Mr. Nathaniel Clarke represented Priestley, while Serjeant John Adams and Mr. Andrew Amos acted as counsel for Fowler.
Pleadings
Priestley pleaded two grounds in support of his claim against his master, a latent defect and the van's overloading. The declaration stated that when Fowler had "directed" the plaintiff to accompany the mutton to market "in" the van, Fowler was under a duty "to use due and proper care that said van should be in a proper state of repair" and "not be overloaded, and that the plaintiff should be safely and securely carried thereby." As a result of Fowler having breached this duty, the van had broken down and the plaintiff was harmed. No allegation was made as to negligent actions or omissions, nor of the existence or violation of a duty towards Charles Priestley by anyone in Fowler's employ.