Ferguson v. Andrew Barclay, Sons, & Co., Ltd [1902] ScotLR 40_58 (12 November 1902)

Ferguson v. Andrew Barclay, Sons, & Co., Ltd [1902] ScotLR 40_58 (12 November 1902)

A shed situated half-a-mile from the factory, with no mechanical power used and no direct connection to the factory, does not qualify as 'on or in or about' a factory under section 7(1) of the Workmen's Compensation Act 1897. Therefore, the applicant is not entitled to compensation under the Act for injuries sustained there.

Citation
[1902] ScotLR 40_58
Parties
Applicant/respondent: John Ferguson; Respondents/appellants: Andrew Barclay, Sons, & Company, Limited
Jurisdiction
Scotland
Judgment Date
12 November 1902
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session (second Division)
Outcome
Appeal allowed; question answered in the negative; compensation denied.
Legal Topics
Workmen's Compensation, Definition of Factory, Scope of Employment, Statutory Interpretation
Employment Law Compensation Law Factory Law Workmen's Compensation Definition of Factory Scope of Employment Statutory Interpretation

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Parties

John Ferguson

Applicant/respondent

Andrew Barclay, Sons, & Company, Limited

Respondents/appellants

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session (second Division)

Legal Issues

  1. 1 Whether the applicant was employed 'on or in or about' a factory within the meaning of section 7(1) of the Workmen's Compensation Act 1897

Ratio Decidendi

A shed situated half-a-mile from the factory, with no mechanical power used and no direct connection to the factory, does not qualify as 'on or in or about' a factory under section 7(1) of the Workmen's Compensation Act 1897. Therefore, the applicant is not entitled to compensation under the Act for injuries sustained there.

Court Disposition

Appeal allowed; question answered in the negative; compensation denied.

Orders

  • Sheriff's award of compensation set aside.
  • No compensation payable to applicant under the Act.