Grant v. Glasgow and South-Western Railway Co. [1907] ScotLR 128 (22 November 1907)

Grant v. Glasgow and South-Western Railway Co. [1907] ScotLR 128 (22 November 1907)

Where a workman is found mortally injured in a location where his duties might reasonably have taken him, and there is no evidence to the contrary, the court may infer that the accident arose out of and in the course of employment, shifting the onus to the employer to prove otherwise.

Citation
[1907] ScotLR 128
Parties
Applicants (dependants of Deceased): Margaret Grant, Isabella Grant, Jeanie Grant; Respondent (employer): Glasgow and South-Western Railway Company
Jurisdiction
Scotland
Judgment Date
22 November 1907
Procedural Posture
Appeal From Arbitration Award (sheriff Court) / Judgment on Appeal in Inner House, Court of Session
Outcome
Appeal dismissed; award of compensation affirmed.
Legal Topics
Workmen's Compensation, Accident in Course of Employment, Onus of Proof in Fatal Accident Claims
Employment Law Tort Law Workmen's Compensation Accident in Course of Employment Onus of Proof in Fatal Accident Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Margaret Grant, Isabella Grant, Jeanie Grant

Applicants (dependants of Deceased)

Glasgow and South-Western Railway Company

Respondent (employer)

Procedural Posture

Appeal From Arbitration Award (sheriff Court) / Judgment on Appeal in Inner House, Court of Session

Legal Issues

  1. 1 Whether the accident resulting in the death of Thomas Steele Grant arose out of and in the course of his employment as station policeman under the Workmen's Compensation Act 1897
  2. 2 Whether the onus of proof shifts to the employer when the deceased's evidence is unavailable

Ratio Decidendi

Where a workman is found mortally injured in a location where his duties might reasonably have taken him, and there is no evidence to the contrary, the court may infer that the accident arose out of and in the course of employment, shifting the onus to the employer to prove otherwise.

Court Disposition

Appeal dismissed; award of compensation affirmed.

Orders

  • Answer the two questions of law by declaring that the accident arose out of and in the course of the deceased's employment with the appellants; affirm the award of the arbitrator.