Caledonian Railway Co. v. Breslin [1900] ScotLR 37_873 (10 July 1900)

Caledonian Railway Co. v. Breslin [1900] ScotLR 37_873 (10 July 1900)

An employee injured while shoeing horses in a smithy within the station premises, where the horses are used for railway operations, is employed 'on or in or about a railway' within the meaning of section 7 of the Workmen's Compensation Act 1897. The smithy and stables are part of the station and used for...

Source-derived case information.

Citation
[1900] ScotLR 37_873
Parties
Appellant: Caledonian Railway Company; Respondent: Daniel Breslin
Jurisdiction
Scotland
Judgment Date
10 July 1900
Procedural Posture
Appeal Under Workmen's Compensation Act 1897 / Inner House, First Division, Court of Session
Outcome
Appeal dismissed; question answered in the affirmative.
Legal Topics
Workmen's Compensation, Definition of 'railway', Scope of Employment, Employer Liability
Employment Law Personal Injury Statutory Interpretation Workmen's Compensation Definition of 'railway' Scope of Employment Employer Liability

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Parties

Caledonian Railway Company

Appellant

Daniel Breslin

Respondent

Procedural Posture

Appeal Under Workmen's Compensation Act 1897 / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether an employee injured while shoeing horses in a smithy within a railway station is employed 'on or in or about a railway' under section 7 of the Workmen's Compensation Act 1897.

Ratio Decidendi

An employee injured while shoeing horses in a smithy within the station premises, where the horses are used for railway operations, is employed 'on or in or about a railway' within the meaning of section 7 of the Workmen's Compensation Act 1897. The smithy and stables are part of the station and used for facilitating public traffic, thus falling within the statutory definition.

Court Disposition

Appeal dismissed; question answered in the affirmative.

Orders

  • The respondent is entitled to compensation under the Workmen's Compensation Act 1897.