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''Priestley v Fowler'' () (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."〔F.H. Newark, ''Elegantia Juris'' (Belfast: Northern Ireland Legal Quarterly, 1973), p. 145.〕 ==Facts== On 30 May 1835 Charles Priestley,〔Two individuals surnamed Priestley had previously litigated related issues. Underhill v. Priestley (1781) reported a claim against one Thomas Priestley for negligently driving a loaded cart, while Priestley v. Watson, 3 C. & M. 691, 149 Eng. Rep. 938 (Ex. 1834), recounted the suit by a Joseph Priestley challenging Brotherton township's Poor Law assessments against the Aire & Calder Navigation Company. The former opinion may be found in James Oldham, 2 The Mansfield Manuscripts and the growth of english law in the eighteenth century 1137 (1992). The latter case was determined in the Court of Exchequer one term before Lord Abinger was appointed Chief Baron.〕 a servant of butcher Thomas Fowler of Market Deeping, was ordered to conduct mutton to market. The meat was placed in a wagon driven by William Beeton, another of Fowler's employees.〔None of the accounts make clear who loaded the wagon with the "peds" (i.e., hampers) of mutton.〕 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.〔Diverging from the other four accounts, Murphy & Hurlstone reported that the "plaintiff remonstrated, on account of the cart being overloaded, and too weak to bear the load, and it being dangerous to go by it." Priestley, 3 Murph. & H. at 305. Although arguments before the Court of Exchequer would later make heavy weather over Priestley's acquiescent riding in the van, the discrepancy over the complaint's source is immaterial. Whether Priestley or Beeton, Priestley either was of the opinion, had confirmed his opinion, or was given notice of Beeton's opinion, that the van was overloaded. Relying on the Murphy & Hurlstone report, Ingman's account in Rise and Fall was rightly taken to task as "incorrect" by Simpson. SIMPSON, supra note 2, at 107 n.28; see Ingman, Rise and Fall, supra note 7. Kostal was likewise mistaken. See KOSTAL, supra note 8, at 260.〕 Following this ominous start, the wagon soon embarked on its journey, propelled into motion by some of Fowler's other employees.〔Simpson intimated that the cart might have been loaded by unidentified mutton suppliers. See SIMPSON, supra note 2, at 103.〕 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,〔This is demonstrated, among other cases, by Tomlinson v. Bentall, 5 B. & C. 738, 108 Eng. Rep. 274 (K.B. 1826), and Lamb v. Bunce, 4 M. & S. 274, 105 Eng. Rep. 836 (K.B. 1815).〕 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,〔A considerable amount, especially when compared to the annual £80 medical budget of the parish union that presented the charge to Priestley. See SIMPSON, supra, at 126.〕 was paid by his father, Brown Priestley. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Priestley v Fowler」の詳細全文を読む スポンサード リンク
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