Malone v. Cayzer, Irvine, & Co. [1908] ScotLR 351 (23 January 1908)

Malone v. Cayzer, Irvine, & Co. [1908] ScotLR 351 (23 January 1908)

The Court held that the claimant is entitled to a proof of her averments that the death by suicide resulted from the workplace injury, as the question of causation is factual and cannot be dismissed as irrelevant on the pleadings alone. The Sheriff-Substitute erred in dismissing the application without inquiry into the facts.

Citation
[1908] ScotLR 351
Parties
Pursuer (appellant): Mrs Mary Ann Mullen or Malone; Defenders (respondents): Cayzer, Irvine, & Company
Jurisdiction
Scotland
Judgment Date
23 January 1908
Procedural Posture
Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute's Dismissal on Relevancy
Outcome
Appeal allowed; application not dismissed as irrelevant
Legal Topics
Workmen's Compensation, Causation of Death, Suicide and Compensation, Master and Servant
Employment Law Personal Injury Law Workmen's Compensation Causation of Death Suicide and Compensation Master and Servant

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Mary Ann Mullen or Malone

Pursuer (appellant)

Cayzer, Irvine, & Company

Defenders (respondents)

Procedural Posture

Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute's Dismissal on Relevancy

Legal Issues

  1. 1 Whether the widow's claim for compensation for her husband's suicide, allegedly resulting from a workplace injury, is relevant under the Workmen's Compensation Act 1897
  2. 2 Whether the chain of causation between the workplace accident and the suicide is sufficient to allow proof

Ratio Decidendi

The Court held that the claimant is entitled to a proof of her averments that the death by suicide resulted from the workplace injury, as the question of causation is factual and cannot be dismissed as irrelevant on the pleadings alone. The Sheriff-Substitute erred in dismissing the application without inquiry into the facts.

Court Disposition

Appeal allowed; application not dismissed as irrelevant

Orders

  • Determination of the arbiter recalled
  • Case remitted to the Sheriff-Substitute to allow parties a proof of their averments