MOB A. 205 



as blameworthy, in having a horse in his possession, for use 

 by his carters, not broken to steam engines, the jury found 

 that he " knew of its condition and character, and the risk 

 he ran in taking charge of it," and accordingly, on the 

 instructions of Lord Young, who presided at the trial, gave 

 their verdict for the defenders, which Avas upheld in an 

 application for a new trial, (a) 



The effect of the Employers Liability Act (5) upon the 

 defences of the master, when sued by a workman, is thus 

 stated by Justice Smith, concurred in by Justice Matthew: — 

 " The workman, when he sues his master for any of the five 

 matters designated in it, shall be in the position of one of 

 the public suing, and shall not be in the position a servant 

 theretofore was when he sued his master ; in other Avords, 

 that the master shall have all the defences he theretofore had 

 against any one of the public suing him, but shall not have 

 the special defences he theretofore had when sued by his ser- 

 vant ; . . . the defence of contributory negligence is still left 

 to the employer, but the defence of common employment, 

 and also the defence that the servant had contracted to take 

 uj)on himself the known risks attending upon the engage- 

 ment, are taken away from him when sued by a workman 

 under the Act. . . . The Legislature, while stating for the 

 employer the two defences above-mentioned, has given him 

 a statutory defence under § 2, sub.-sec. 8, which, there- 

 tofore, did not exist. It is this — the employer, when sued 

 for a defect, ways, or machinery, may set up that the ser- 

 vant knew of the defect, and did not communicate it to him 

 (the employer), or to some other person superior to himself 

 in the service of the employer, "(c) 



165. Mora A pursuer must make his claim for repara- 

 tion timeously. Thus, where a claim of damages for personal 



(a) Wilson v, Boyle, 1889, 17 K. 62. 



(6) 43 & 44 Vict. c. 42. 



(c) Weblin v. Ballard, 1886, 17 Q.B.D. 122. 



