Sneddon v. Robert Addie & Sons' Collieries, Ltd [1904] ScotLR 41_826 (15 July 1904)

A wife deserted by her husband, without means and incapable of self-support, remains wholly dependent on his earnings for the purposes of the Workmen's Compensation Act 1897, even if supported by others at the time of his death, as the husband's legal obligation persists.

Citation: [1904] ScotLR 41_826
Parties: Pursuer and Respondent: Margaret Russell or Sneddon; Defenders and Appellants: Robert Addie & Sons' Collieries, Limited
Jurisdiction: Scotland
Judgment Date: 15 July 1904
Procedural Posture: Appeal on a Stated Case in Arbitration Under the Workmen's Compensation Act 1897 / Inner House, Second Division, Court of Session
Outcome: Appeal dismissed; judgment of the Sheriff affirmed.
Legal Topics: Workmen's Compensation, Dependency, Master and Servant, Statutory Interpretation

Labour Law Personal Injury Statutory Compensation Workmen's Compensation Dependency Master and Servant Statutory Interpretation

Case Brief

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Parties

Margaret Russell or Sneddon

Pursuer and Respondent

Robert Addie & Sons' Collieries, Limited

Defenders and Appellants

Procedural Posture

Appeal on a Stated Case in Arbitration Under the Workmen's Compensation Act 1897 / Inner House, Second Division, Court of Session

Legal Issues

1 Whether a wife deserted by her husband and supported by others is 'wholly dependent' on his earnings at the time of his death under the Workmen's Compensation Act 1897.

Ratio Decidendi

Court Disposition

Appeal dismissed; judgment of the Sheriff affirmed.

Orders

The applicant is entitled to compensation as wholly dependent on her husband's earnings.
Award of £145 sterling to the applicant, with entitlement to expenses.