Hobbs & Samuels v. Bradley [1900] ScotLR 37_532 (14 March 1900)

Hobbs & Samuels v. Bradley [1900] ScotLR 37_532 (14 March 1900)

The Court held that the question whether the work on which the deceased was engaged at the time of the accident was 'construction' in terms of section 7(1) of the Act may involve a question of law, and directed the Sheriff to state a case on this question, rejecting broader or new questions not previously submitted to the Sheriff.

Citation
[1900] ScotLR 37_532
Parties
Applicants: Hobbs & Samuels; Respondents: Mrs Annie Sweeney or Bradley and others (widow and children of David Bradley)
Jurisdiction
Scotland
Judgment Date
14 March 1900
Procedural Posture
Statutory Arbitration Under Workmen's Compensation Act 1897 / Application for Order on Sheriff to State a Case
Outcome
Application partially granted
Legal Topics
Workmen's Compensation, Statutory Interpretation, Construction of Building, Employer Liability
Reparation Labour Law Workmen's Compensation Statutory Interpretation Construction of Building Employer Liability

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Parties

Hobbs & Samuels

Applicants

Mrs Annie Sweeney or Bradley and others (widow and children of David Bradley)

Respondents

Procedural Posture

Statutory Arbitration Under Workmen's Compensation Act 1897 / Application for Order on Sheriff to State a Case

Legal Issues

  1. 1 Whether painting work constitutes 'construction' under section 7(1) of the Workmen's Compensation Act 1897
  2. 2 Whether applicants are 'undertakers' under section 7 of the Act
  3. 3 Whether applicants are liable for compensation under the Act

Ratio Decidendi

The Court held that the question whether the work on which the deceased was engaged at the time of the accident was 'construction' in terms of section 7(1) of the Act may involve a question of law, and directed the Sheriff to state a case on this question, rejecting broader or new questions not previously submitted to the Sheriff.

Court Disposition

Application partially granted

Orders

  • Order directing the Sheriff to state a case on the question whether the work on which the deceased was engaged at the time of the accident was 'construction' of the building in question in terms of section 7(1) of the Workmen's Compensation Act 1897