Russell v. M'Cluskey [1900] ScotLR 37_931 (20 July 1900)

Russell v. M'Cluskey [1900] ScotLR 37_931 (20 July 1900)

The Act does not require two full weeks of employment to calculate average weekly earnings; compensation can be calculated based on the actual period of employment, and the maximum payable is £300. The deceased's earnings should not be divided equally with his sons for compensation purposes.

Citation
[1900] ScotLR 37_931
Parties
Appellant: Archibald Russell; Respondents: Mrs Janet Weir or M'Cluskey, John M'Cluskey (son), Mrs M'Cluskey as tutor of pupil children
Jurisdiction
Scotland
Judgment Date
20 July 1900
Procedural Posture
Appeal in Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Calculation of Compensation, Employer's Liability, Average Weekly Earnings
Labour Law Tort Law Workmen's Compensation Calculation of Compensation Employer's Liability Average Weekly Earnings

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Parties

Archibald Russell

Appellant

Mrs Janet Weir or M'Cluskey, John M'Cluskey (son), Mrs M'Cluskey as tutor of pupil children

Respondents

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal

Legal Issues

  1. 1 Whether a claim under the Workmen's Compensation Act 1897 is excluded if the deceased was not employed for at least two weeks prior to the accident
  2. 2 Whether the claim is restricted to £150 or subject to the £300 maximum
  3. 3 Whether the deceased's earnings should be calculated as one-third of the total earned with his two sons

Ratio Decidendi

The Act does not require two full weeks of employment to calculate average weekly earnings; compensation can be calculated based on the actual period of employment, and the maximum payable is £300. The deceased's earnings should not be divided equally with his sons for compensation purposes.

Court Disposition

appeal dismissed

Orders

  • First and second questions answered in the negative: claim not excluded and not limited to £150.
  • Third question answered: deceased's earnings not to be divided into three equal parts with his sons.