M'Intyre v. A. Rodger & Co. [1903] ScotLR 41_107 (01 December 1903)

M'Intyre v. A. Rodger & Co. [1903] ScotLR 41_107 (01 December 1903)

The injury to M'Intyre arose out of and in the course of employment because both he and Clark were engaged in their employer's work at the time; the accident was incidental to the employment and not attributable to serious or wilful misconduct.

Citation
[1903] ScotLR 41_107
Parties
Claimant/appellant: John M'Intyre; Respondent: A. Rodger & Company
Jurisdiction
Scotland
Judgment Date
01 December 1903
Procedural Posture
Workmen's Compensation Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session Inner House
Outcome
Appeal sustained; Sheriff-Substitute's dismissal recalled; case remitted for assessment of compensation.
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Master and Servant Liability
Employment Law Personal Injury Workmen's Compensation Accident Arising Out of Employment Master and Servant Liability

Case Brief

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Parties

John M'Intyre

Claimant/appellant

A. Rodger & Company

Respondent

Procedural Posture

Workmen's Compensation Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session Inner House

Legal Issues

  1. 1 Whether the injury to the claimant arose out of and in the course of employment within the meaning of the Workmen's Compensation Act 1897, sec. 1(1)

Ratio Decidendi

The injury to M'Intyre arose out of and in the course of employment because both he and Clark were engaged in their employer's work at the time; the accident was incidental to the employment and not attributable to serious or wilful misconduct.

Court Disposition

Appeal sustained; Sheriff-Substitute's dismissal recalled; case remitted for assessment of compensation.

Orders

  • Recall the dismissal of the claim.
  • Remit to the arbitrator to assess damages payable to the appellant.