Halstead v. Alexander Thomson & Sons [1901] ScotLR 38_473 (13 March 1901)

Halstead v. Alexander Thomson & Sons [1901] ScotLR 38_473 (13 March 1901)

The building, excluding the foundation but including the culverts and cupola, exceeded 30 feet in height, and was being constructed by means of scaffolding within the meaning of the Act. These are questions of fact, and the arbitrator's findings were correct and not subject to review.

Citation
[1901] ScotLR 38_473
Parties
Claimant/respondent: Charles Halstead; Appellants: Alexander Thomson & Sons
Jurisdiction
Scotland
Judgment Date
13 March 1901
Procedural Posture
Appeal From Arbitration Award (workmen's Compensation) / Inner House, Second Division, Court of Session
Outcome
Appeal dismissed; award of compensation affirmed.
Legal Topics
Workmen's Compensation Act 1897, Building Height Calculation, Scaffolding in Construction, Employer Liability
Labour Law Personal Injury Statutory Compensation Workmen's Compensation Act 1897 Building Height Calculation Scaffolding in Construction Employer Liability

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Parties

Charles Halstead

Claimant/respondent

Alexander Thomson & Sons

Appellants

Procedural Posture

Appeal From Arbitration Award (workmen's Compensation) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the building exceeded 30 feet in height within the meaning of section 7(1) of the Workmen's Compensation Act 1897
  2. 2 Whether the building was being constructed by means of scaffolding at the time of the accident under section 7(1) of the Act

Ratio Decidendi

The building, excluding the foundation but including the culverts and cupola, exceeded 30 feet in height, and was being constructed by means of scaffolding within the meaning of the Act. These are questions of fact, and the arbitrator's findings were correct and not subject to review.

Court Disposition

Appeal dismissed; award of compensation affirmed.

Orders

  • Affirmed the arbitrator's award of weekly compensation to the claimant.
  • Decerned accordingly.