Sinnertons v. Robert Addie & Sons (Collieries), Ltd [1920] ScotLR 585 (19 June 1920)

Sinnertons v. Robert Addie & Sons (Collieries), Ltd [1920] ScotLR 585 (19 June 1920)

Where a family member is maintained out of a common fund to which multiple earners contribute, and there is no specific evidence that the claimant was supported solely by the deceased's earnings, the correct legal inference is partial dependency on the deceased for purposes of compensation under the Act.

Citation
[1920] ScotLR 585
Parties
Appellants: William Sinnerton senior, Jane Sinnerton, and George Sinnerton; Respondents: Robert Addie & Sons (Collieries), Limited
Jurisdiction
Scotland
Judgment Date
19 June 1920
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Court of Session Inner House, First Division
Outcome
Appeal dismissed. The arbitrator was entitled to assess compensation on the basis of partial dependency.
Legal Topics
Workmen's Compensation, Dependency Assessment, Master and Servant, Common Fund for Family
Employment Law Compensation Law Workmen's Compensation Dependency Assessment Master and Servant Common Fund for Family

Case Brief

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Parties

William Sinnerton senior, Jane Sinnerton, and George Sinnerton

Appellants

Robert Addie & Sons (Collieries), Limited

Respondents

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether Jane Sinnerton was wholly or only partially dependent on her father's earnings at the time of his death for purposes of compensation under the Workmen's Compensation Act 1906.

Ratio Decidendi

Where a family member is maintained out of a common fund to which multiple earners contribute, and there is no specific evidence that the claimant was supported solely by the deceased's earnings, the correct legal inference is partial dependency on the deceased for purposes of compensation under the Act.

Court Disposition

Appeal dismissed. The arbitrator was entitled to assess compensation on the basis of partial dependency.

Orders

  • The arbitrator's assessment of compensation on the basis of partial dependency is affirmed.
  • No error of law found in the arbitrator's decision.