Trainer v. Robert Addie & Sons' Collieries, Ltd [1904] ScotLR 42_85 (22 November 1904)

Trainer v. Robert Addie & Sons' Collieries, Ltd [1904] ScotLR 42_85 (22 November 1904)

At the date of her son's death, the claimant was confined in a reformatory and not dependent on his earnings; she was being supported by public funds. There was no evidence she was incapable of self-support, and the statutory requirement of dependency at the time of death was not met.

Citation
[1904] ScotLR 42_85
Parties
Claimant/respondent: Mrs Margaret Docherty or Trainer; Respondents/appellants: Robert Addie & Sons' Collieries, Limited
Jurisdiction
Scotland
Judgment Date
22 November 1904
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session (second Division)
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Workmen's Compensation, Dependency, Master and Servant, Dependants Under Statute
Labour Law Compensation Law Workmen's Compensation Dependency Master and Servant Dependants Under Statute

Case Brief

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Parties

Mrs Margaret Docherty or Trainer

Claimant/respondent

Robert Addie & Sons' Collieries, 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 claimant mother was wholly or in part dependent on the earnings of her deceased son at the time of his death within the meaning of the Workmen's Compensation Act 1897.

Ratio Decidendi

At the date of her son's death, the claimant was confined in a reformatory and not dependent on his earnings; she was being supported by public funds. There was no evidence she was incapable of self-support, and the statutory requirement of dependency at the time of death was not met.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Award of the arbitrator recalled.
  • Remit to arbitrator to dismiss the claim.