Strong v. John Wright & Co. [1922] ScotLR 414 (01 June 1922)

Strong v. John Wright & Co. [1922] ScotLR 414 (01 June 1922)

The act of stepping down from the slowly moving lorry to recover the jacket was reasonably incidental to the appellant's employment and did not constitute an unreasonable risk or an act outside the scope of employment. The accident therefore arose out of and in the course of employment.

Citation
[1922] ScotLR 414
Parties
Appellant: Charles Strong; Respondent: John Wright & Company
Jurisdiction
Scotland
Judgment Date
01 June 1922
Procedural Posture
Appeal From Arbitration (workmen's Compensation) / Inner House, Court of Session (first Division)
Outcome
Appeal allowed; question of law answered in the negative.
Legal Topics
Workmen's Compensation, Arising Out of and in the Course of Employment, Scope of Employment, Negligence
Employment Law Personal Injury Law Workmen's Compensation Arising Out of and in the Course of Employment Scope of Employment Negligence

Case Brief

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Parties

Charles Strong

Appellant

John Wright & Company

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the accident arose out of and in the course of the appellant's employment under the Workmen's Compensation Act 1906

Ratio Decidendi

The act of stepping down from the slowly moving lorry to recover the jacket was reasonably incidental to the appellant's employment and did not constitute an unreasonable risk or an act outside the scope of employment. The accident therefore arose out of and in the course of employment.

Court Disposition

Appeal allowed; question of law answered in the negative.

Orders

  • The accident was held to arise out of the appellant's employment.
  • Entitlement to compensation under the Workmen's Compensation Act 1906 established.