''Yewens v Noakes'' (1880) 6 QBD 530, was an English tax law case which addressed the question of the division between master and servant.

Facts

There was a statutory exemption for duty on inhabited houses where premises were occupied by 'a servant or other person.... for the protection

Judgment

The Court of Appeal held that a clerk who earned £150 a year did not fall within the definition of servant. Lord Justice Bramwell gave judgment said, "a servant is a person who is subject to the command of his master as to the manner in which he shall do his work." Lord Justice Thesiger said it was obvious that a salaried clerk was not a "servant" any more than were "the manager of a bank, a foreman with high wages, persons in the position almost of gentlemen."

Notes

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References

* United Kingdom labour case law English vicarious liability case law Baron Bramwell cases 1880 in case law 1880 in British law Court of Appeal (England and Wales) cases English law articles needing infoboxes

Facts

Judgment

See also

Notes

References