Aldin v. Stewart [1915] ScotLR 49 (27 October 1915)

Aldin v. Stewart [1915] ScotLR 49 (27 October 1915)

The pursuer, having de facto recovered compensation from his employer under the Workmen's Compensation Act 1906, is statutorily barred from maintaining an action for damages against the third party, regardless of his knowledge, intention, or minority.

Citation
[1915] ScotLR 49
Parties
Pursuer: Hugh M'Donald Aldin; Defender: R. W. Stewart
Jurisdiction
Scotland
Judgment Date
27 October 1915
Procedural Posture
Action of Damages for Personal Injuries / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor
Outcome
Action dismissed; interlocutor of Lord Ordinary recalled; second plea-in-law for defender sustained.
Legal Topics
Workmen's Compensation, Election of Remedies, Bar to Action, Master and Servant
Tort Law Labour Law Workmen's Compensation Election of Remedies Bar to Action Master and Servant

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Parties

Hugh M'Donald Aldin

Pursuer

R. W. Stewart

Defender

Procedural Posture

Action of Damages for Personal Injuries / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether receipt of compensation from employer under the Workmen's Compensation Act 1906 bars a subsequent action for damages against a third party
  2. 2 Whether ignorance of legal rights or minority affects the statutory bar under section 6(1)

Ratio Decidendi

The pursuer, having de facto recovered compensation from his employer under the Workmen's Compensation Act 1906, is statutorily barred from maintaining an action for damages against the third party, regardless of his knowledge, intention, or minority.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary recalled; second plea-in-law for defender sustained.

Orders

  • Interlocutor of Lord Ordinary recalled
  • Second plea-in-law for defender sustained