Morrison v. Clyde Navigation Trustees [1908] ScotLR 40 (06 November 1908)

Morrison v. Clyde Navigation Trustees [1908] ScotLR 40 (06 November 1908)

The accident did not arise out of the appellant's employment because the act of climbing onto a moving waggon was for his own pleasure and not for any purpose of his employer. The statutory requirement that the accident arise out of and in the course of employment was not satisfied.

Citation
[1908] ScotLR 40
Parties
Appellant: Donald Morrison; Respondent: Clyde Navigation Trustees
Jurisdiction
Scotland
Judgment Date
06 November 1908
Procedural Posture
Appeal From Arbitration (stated Case) / Judgment on Appeal
Outcome
Appeal dismissed; question of law answered in the affirmative.
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Scope of Employment, Employer Liability
Employment Law Compensation Law Workmen's Compensation Accident Arising Out of Employment Scope of Employment Employer Liability

Case Brief

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Parties

Donald Morrison

Appellant

Clyde Navigation Trustees

Respondent

Procedural Posture

Appeal From Arbitration (stated Case) / Judgment on Appeal

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 accident did not arise out of the appellant's employment because the act of climbing onto a moving waggon was for his own pleasure and not for any purpose of his employer. The statutory requirement that the accident arise out of and in the course of employment was not satisfied.

Court Disposition

Appeal dismissed; question of law answered in the affirmative.

Orders

  • Respondents assoilzied (absolved) with expenses.