A milkman (against company orders) took a 13-year-old boy to help him on his round, and the boy was injured through the milkman's negligent driving. The boy sued both the milkman and the dairy co-operative. The trial judge found that the co-operative was not liable. The plaintiff appealed.
The Court of Appeal (by a majority) found the dairy vicariously liable for the boy's injuries. The boy was actually helping to deliver the milk, and so the driver's action was an unauthorised way of performing his duties.
"if that visitor from Mars is still in court, he will return to his planet conscious that one member of the court sees no irreconcilable differences opening up in the common law."
