Weir v. Petrie [1900] ScotLR 37_795 (19 June 1900)

Weir v. Petrie [1900] ScotLR 37_795 (19 June 1900)

Premises where a gas-engine is used to drive a grindstone for sharpening tools used in a manufacturing process are a factory within the meaning of the relevant statutes, making the occupier liable under the Workmen's Compensation Act 1897.

Citation
[1900] ScotLR 37_795
Parties
Appellant: David Weir; Respondent: James Petrie
Jurisdiction
Scotland
Judgment Date
19 June 1900
Procedural Posture
Appeal Under Workmen's Compensation Act 1897 / Appeal From Arbitration Before Sheriff Substitute at Aberdeen
Outcome
appeal dismissed; questions answered in the affirmative
Legal Topics
Workmen's Compensation, Definition of Factory, Employer Liability
Labour Law Tort Law Workmen's Compensation Definition of Factory Employer Liability

Case Brief

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Parties

David Weir

Appellant

James Petrie

Respondent

Procedural Posture

Appeal Under Workmen's Compensation Act 1897 / Appeal From Arbitration Before Sheriff Substitute at Aberdeen

Legal Issues

  1. 1 Whether the premises were a factory within the meaning of the Workmen's Compensation Act 1897
  2. 2 Whether the employment was one to which the Act applies

Ratio Decidendi

Premises where a gas-engine is used to drive a grindstone for sharpening tools used in a manufacturing process are a factory within the meaning of the relevant statutes, making the occupier liable under the Workmen's Compensation Act 1897.

Court Disposition

appeal dismissed; questions answered in the affirmative

Orders

  • Premises declared a factory within the meaning of the Acts
  • Employment held to be covered by the Workmen's Compensation Act 1897