Dobson v. The united collieries Ltd [1905] ScotLR 43_260 (16 December 1905)

Dobson v. The united collieries Ltd [1905] ScotLR 43_260 (16 December 1905)

Where a workman breaches a duly published statutory safety rule in a mine and suffers injury as a direct result, such breach constitutes serious and wilful misconduct under the Workmen's Compensation Act 1897, sec. 1(2)(c), and ignorance of the rule is no defence if the rule was properly published.

Citation
[1905] ScotLR 43_260
Parties
Claimant/respondent: William Dobson; Respondent/appellant: The United Collieries Limited
Jurisdiction
Scotland
Judgment Date
16 December 1905
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Judgment of Court of Session Inner House, First Division (seven Judges)
Outcome
Appeal allowed; award of compensation recalled; claim dismissed.
Legal Topics
Workmen's Compensation, Serious and Wilful Misconduct, Statutory Rules in Mines, Ignorance of Law, Coal Mines Regulation
Employment Law Personal Injury Statutory Interpretation Workmen's Compensation Serious and Wilful Misconduct Statutory Rules in Mines Ignorance of Law Coal Mines Regulation

Case Brief

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Parties

William Dobson

Claimant/respondent

The United Collieries Limited

Respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's injury was attributable to his own serious and wilful misconduct within the meaning of sec. 1(2)(c) of the Workmen's Compensation Act 1897, thereby disentitling him to compensation.
  2. 2 Whether ignorance of a duly published statutory rule can excuse breach so as to avoid a finding of serious and wilful misconduct.

Ratio Decidendi

Where a workman breaches a duly published statutory safety rule in a mine and suffers injury as a direct result, such breach constitutes serious and wilful misconduct under the Workmen's Compensation Act 1897, sec. 1(2)(c), and ignorance of the rule is no defence if the rule was properly published.

Court Disposition

Appeal allowed; award of compensation recalled; claim dismissed.

Orders

  • The question of law answered in the affirmative: the accident was attributable to serious and wilful misconduct.
  • Award of the arbitrator recalled.