Paterson v. Lockhart [1905] ScotLR 42_755 (13 July 1905)

The appellant was a workman in the sense of the Act, paid a daily wage, subject to employer's orders, and liable to dismissal; right to employ assistants did not negate status as servant.

Citation: [1905] ScotLR 42_755
Parties: Claimant/appellant: James Paterson; Respondent/defender: Sir Simon Macdonald Lockhart, Bart.
Jurisdiction: Scotland
Judgment Date: 13 July 1905
Procedural Posture: Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, First Division, Court of Session
Outcome: Appeal allowed; appellant found to be a workman under the Act.
Legal Topics: Definition of Workman, Contractor Vs Servant, Workmen's Compensation, Quarry Accidents

Employment Law Personal Injury Statutory Compensation Definition of Workman Contractor Vs Servant Workmen's Compensation Quarry Accidents

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

James Paterson

Claimant/appellant

Sir Simon Macdonald Lockhart, Bart.

Respondent/defender

Procedural Posture

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

Legal Issues

1 Was the appellant a workman or contractor under the Workmen's Compensation Act 1897?
2 Is a proprietor working a quarry for estate purposes an 'undertaker' under the Act?

Ratio Decidendi

The appellant was a workman in the sense of the Act, paid a daily wage, subject to employer's orders, and liable to dismissal; right to employ assistants did not negate status as servant.

Court Disposition

Appeal allowed; appellant found to be a workman under the Act.

Orders

Decision of arbiter quoad second finding recalled.
Question of law answered in the affirmative.