Lloyd's Law Reports


[1955] 2 Lloyd's Rep. 325


Before Lord Justice Denning, Lord Justice Birkett, and Lord Justice Romer.

Master and servant-Contract of service-Joint tortfeasors-Negligent driving of lorry by servant causing injury to fellow-employee- Vicarious liability of master-Right to claim indemnity from servant in respect of (1) servant's negligence; (2) servant's breach of implied term of contract of service that he would use reasonable care and skill in the performance of his work-Alleged implied duty of master to keep servant fully insured against his negligence-Duty to comply with statutory requirements as regards insurance -"Bodily injury . . . caused by or arising out of the use of the vehicle on a road"- Accident in slaughterhouse yard-Action claiming indemnity brought before hearing of personal injury action-Whether premature- Remoteness of damage-Road Traffic Act, 1930, Sects. 35, 36, 121-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6. Road Traffic Act, 1930-Third-party risks- "Bodily injury . . . caused by or arising out of the use of the vehicle on a road"- Accident in slaughterhouse yard-Whether "arising out of" use of vehicle on a road -Sects. 35, 36, 121. Torts-Joint tortfeasors-Right to contribution at common law and under Law Reform (Married Women and Tortfeasors) Act, 1935.

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