Jamieson v Clark [1908] ScotCS CSIH_6 (06 November 1908)

Jamieson v Clark [1908] ScotCS CSIH_6 (06 November 1908)

The arrangement was a contract of service, not hiring or joint adventure, as the boatmen were under the owners' control and sharing gross earnings does not constitute partnership; thus, Clark was a workman under the Act and entitled to compensation.

Citation
[1908] ScotCS CSIH_6
Parties
Applicant: Clark; Respondent: G. R. & W. Jamieson
Jurisdiction
Scotland
Judgment Date
06 November 1908
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Contract of Service, Partnership, Joint Adventure
Employment Law Health and Safety Workmen's Compensation Contract of Service Partnership Joint Adventure

Case Brief

Summary, issues, holding and outcome

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Parties

Clark

Applicant

G. R. & W. Jamieson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Clark was a workman in the employment of the appellants under the Workmen's Compensation Act, 1906
  2. 2 Whether the contract was a contract of service, hiring, or joint adventure

Ratio Decidendi

The arrangement was a contract of service, not hiring or joint adventure, as the boatmen were under the owners' control and sharing gross earnings does not constitute partnership; thus, Clark was a workman under the Act and entitled to compensation.

Court Disposition

appeal dismissed

Orders

  • Question answered in the affirmative: Clark was a workman in the employment of the appellants under the Act.