He thought it was established from the cases which had been cited: (1)
That in every contract of service there was implied by law a promise by every employee that he accepted the risk of injury by the negligence of his fellow-employees engaged in common employment with him, and (2) that it was not sufficient merely to show that the negligent employee and the one who was claiming damages based on that negligence were servants of a common master.
There were several cases which established that two men might be in common employment even though they were working in differerent departments of duty, There was no case in which it had ever been held that two employees together carrying out the same order of their employer were not in common employment.
In Lord Justice Greer's view Jones was doing what he was expected to do by his employer—trying to get in front of Radcliffe's bus and go to his assistance, They were in the service of a common employer, engaged in common work, and were therefore brought within the exception to liability which had been established by the doctrine of common employment. The appeal should be allowed, with costs; Lord Justice Scott and Mr. Justice amore agreed. Leave to appeal o the House of Lords was granted.
Text read from the printed page and cleaned; old type leaves the occasional error.