M'Lean v. Macbrayne Ltd [1916] ScotLR 254 (11 January 1916)

M'Lean v. Macbrayne Ltd [1916] ScotLR 254 (11 January 1916)

The accident did not arise out of the deceased's employment because he was not acting in pursuance of any duty owed to his employer at the time of the accident, nor was he using a means of access provided or sanctioned by the employer. The risk encountered was not peculiar to his employment as a seaman but was...

Source-derived case information.

Citation
[1916] ScotLR 254
Parties
Respondent: Sarah M'Coll or M'Lean; Appellant: David Macbrayne Limited
Jurisdiction
Scotland
Judgment Date
11 January 1916
Procedural Posture
Appeal From Arbitration (workmen's Compensation) / Court of Session Inner House Second Division Appellate Judgment
Outcome
Appeal allowed; determination of the Sheriff-Substitute recalled; compensation denied.
Legal Topics
Workmen's Compensation, Arising Out of Employment, Course of Employment, Seaman's Employment, Means of Access to Employment
Employment Law Compensation Law Workmen's Compensation Arising Out of Employment Course of Employment Seaman's Employment Means of Access to Employment

Source-derived case record

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Parties

Sarah M'Coll or M'Lean

Respondent

David Macbrayne Limited

Appellant

Procedural Posture

Appeal From Arbitration (workmen's Compensation) / Court of Session Inner House Second Division Appellate Judgment

Legal Issues

  1. 1 Whether the accident resulting in John M'Lean's death arose out of and in the course of his employment under the Workmen's Compensation Act 1906

Ratio Decidendi

The accident did not arise out of the deceased's employment because he was not acting in pursuance of any duty owed to his employer at the time of the accident, nor was he using a means of access provided or sanctioned by the employer. The risk encountered was not peculiar to his employment as a seaman but was incidental to his personal arrangements. The arbitrator was not entitled to find that the accident arose out of and in the course of employment.

Court Disposition

Appeal allowed; determination of the Sheriff-Substitute recalled; compensation denied.

Orders

  • The first question is answered in the negative: there was not evidence upon which the arbitrator was entitled to find that the deceased met his death by accident arising out of and in the course of his employment.
  • The second question does not arise and is not answered.