Gregory v Piper [1829] 9 B & C 591
Trespass & Vicarious Liability
Facts:
Gregory (G) owned a pub called the Rising Sun, which had a stable-yard in the back that could be accessed through a back gate in Old King’s Yard. Piper (P), who owned the property surrounding Old King’s Yard, disputed G’s right to pass through the yard to reach his stable. In order to block G’s access, P hired a labourer (S) to place a pile of debris consisting of bricks, mortar, stones, and dirt near G’s stable-yard. Some of this debris rolled against G’s wall and gates, and G refused to remove it. G brought a legal action for trespassing against P.
Issues:
The main issue in the case was whether the master (P) could be held liable for the trespassing that occurred as a result of instructions given to someone in his employ (S). P argued that he should not be held liable because he had instructed S not to let the rubbish touch the wall, and the fact that it ended up trespassing on G’s property was due to S’s negligence.
Decision:
The legal principle is that a master is held liable in trespassing for any act done by his servant while carrying out the master’s instructions with ordinary care. Therefore, P was held liable for the trespassing as it was a probable and foreseeable outcome of the act that P had instructed S to perform. The trespassing was a necessary or natural consequence of the act ordered by P, making P as the employer responsible.
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