Duigan N.O. v Angehrn & Piel [1915] ZATPD 15 (24 March 1915)

Master and servant.-Liability of master for negligence of servant.- At time of accident servant employed on a third person's business. Costs.-Action for damages.-Denial of liability.-Subsequent special plea.

In an action for damages caused by the negligence of the defendants' servants, it was proved that though the servant was engaged and paid by the defendants,
he was at the time of the accident engaged on the work of a third person to whom the defendants had lent him, Held, that the defendants were not
liable. The test to be- applied in such cases is, on whose business was the servant engaged at the time of the accident. To the letter of demand claiming damages, the defendants replied denying liability,
and in the plea raised a speciaJ defence that their servant at the time of the accident was engaged on the work of a third person, Held that although the
defendants had succeeded on the special plea, the plaintiff was entitled to his costs up to the filing of the plea.