Blain v. Greenock Foundry Co. [1903] ScotLR 40_639 (05 June 1903)

Blain v. Greenock Foundry Co. [1903] ScotLR 40_639 (05 June 1903)

Relatives of a deceased workman who are not entitled to compensation under the Workmen's Compensation Act 1897 are not barred from raising a common law action for reparation by the fact that other dependants have received compensation under the Act; nor is a person whose claim under the Act failed for lack of title barred from suing at common law.

Citation
[1903] ScotLR 40_639
Parties
Pursuers: John Blain, Mary Blain or Fleming, Catherine Blain or M'Lellan, Robert Blain, Peter Blain, Allan Blain, Jane Blain or Urie, Jessie Blain or Cree, James Blain; Defenders: Greenock Foundry Company, John Scott, Robert Sinclair Scott
Jurisdiction
Scotland
Judgment Date
05 June 1903
Procedural Posture
Reparation (damages) at Common Law / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Defenders' pleas repelled; Lord Ordinary's interlocutor adhered to; case remitted for further procedure.
Legal Topics
Negligence, Master and Servant, Workmen's Compensation, Common Law Reparation, Title to Sue
Tort Employment Law Negligence Master and Servant Workmen's Compensation Common Law Reparation Title to Sue

Case Brief

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Parties

John Blain, Mary Blain or Fleming, Catherine Blain or M'Lellan, Robert Blain, Peter Blain, Allan Blain, Jane Blain or Urie, Jessie Blain or Cree, James Blain

Pursuers

Greenock Foundry Company, John Scott, Robert Sinclair Scott

Defenders

Procedural Posture

Reparation (damages) at Common Law / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Does an award of compensation under the Workmen's Compensation Act 1897 to certain dependants bar a common law action for reparation by other relatives not entitled to claim under the Act?
  2. 2 Is a person who unsuccessfully claimed under the Act (for lack of title) barred from raising a common law action?

Ratio Decidendi

Relatives of a deceased workman who are not entitled to compensation under the Workmen's Compensation Act 1897 are not barred from raising a common law action for reparation by the fact that other dependants have received compensation under the Act; nor is a person whose claim under the Act failed for lack of title barred from suing at common law.

Court Disposition

Defenders' pleas repelled; Lord Ordinary's interlocutor adhered to; case remitted for further procedure.

Orders

  • Repel defenders' first and second pleas-in-law.
  • Affirm Lord Ordinary's interlocutor of 27 February 1903.