October 3, 2025
Rose v Plenty [1975] EWCA Civ 5
A boy was injured while assisting a milkman who had been expressly forbidden by his employer from using helpers. The Court of Appeal held the employer vicariously liable, reasoning the milkman was performing his authorised job, albeit in an unauthorised manner. Facts The plaintiff, Leslie Rose, a boy aged 13, was injured due to the negligent driving of a milkman, Mr Plenty. Mr Plenty was employed by the defendants, A. Plenty & Son, a dairy. The defendants had an explicit policy, communicated through notices, forbidding their milkmen from allowing children to ride on the milk floats or employing them for
