D was contracted to fill up P’s petrol tank. X (D’s employee) started the pump and while it was going he lit a cigarette, causing the petrol to catch light and damage P’s property. HL held that the negligent act (lighting a cigarette) WAS done in the course of employment.
VC Simon LC: He says that “they also serve who only stand and wait” (Why is he quoting Milton? Twat) i.e. X was employed to fill up the tank and he was still doing his job when having the cigarette since he had to look over the pumping and check it didn’t overflow i.e. he was still on duty and performing (albeit negligently) his orders when he caused the fire.
