Pollock v Torkington

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Supreme Court

(H.C.),

Pollock

and

Torkington

Ladder erected on public highway - Independent contractor - Liability of employer - Negligence not casual or collateral.

A shopkeeper employed a workman to paint the top of his shop front. The workman set up a ladder, and in removing it struck a passer-by, who was injured. In an action against the employer to recover damages for personal injuries. Held, the work was of such a nature as was liable, unless precautions were taken, to cause danger to the public; the negligence of the workman was neither casual nor collateral and the employer was liable.