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Priestly v. Fowler

150 Eng. Rep. 1030 (1837)

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Priestly v. Fowler

Court of Exchequer

150 Eng. Rep. 1030 (1837)

Facts

Priestly (plaintiff), an employee of local butcher Fowler (defendant), was injured when an overloaded van carrying Fowler’s products overturned while Priestly and a coworker were making a delivery. Priestly sued Fowler and alleged that Fowler owed Priestly a duty to use due-and-proper care, that the van should have been in a proper state of repair, and that the van should not have been overloaded. Priestly further alleged that Fowler’s failure in those duties resulted in the van breaking down and Priestly being thrown to the ground and severely injured. The trial court awarded Priestly damages after finding that Priestly’s injuries were caused by the van being overloaded and that Fowler knew about it. The following term, a motion to arrest the judgment for an insufficient declaration was made on the grounds that Fowler owed no duty to Priestly.

Rule of Law

Issue

Holding and Reasoning (Lord Abinger, J.)

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