COLMAN v. ISAAC CROFT & SONS AND ANOTHER.

(1945) 79 Ll.L.Rep. 640

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Motor insurance-Accident-Negligence of driver of lorry (employed by defendants) -Death of volunteer assistant (also employed by defendants) - Common employment-Policy covering defendants' liability in respect of driver's negligence -Personal liability of driver not covered -Lorry engaged in furniture removal- C., employed by defendants as bricklayer, requested by defendants on occasion to act as long driver's mate to assist in loading and unloading-C. killed by accident on journey owing to negligence of driver- Claim by widow against defendants for damages under Fatal Accidents Act, 1846 -Defendants' plea of common employment - Meaning of "common employment" - Limitations upon doctrine - Alternative contention by plaintiff that defendants were in breach of their duty to insure the personal liability of their drivers, imposed by the Road Traffic Act, 1930.