Sellars v. Campbell [1903] ScotLR 40_643 (05 June 1903)

Sellars v. Campbell [1903] ScotLR 40_643 (05 June 1903)

A ladder used in the ordinary way, even if for work generally done by means of scaffolding, does not constitute 'scaffolding' within the meaning of section 7(1) of the Workmen's Compensation Act 1897. The statutory language must be interpreted according to its ordinary meaning, and absent a definition including ladders as scaffolding, the use of a ladder does not bring the employment within the Act's coverage.

Citation
[1903] ScotLR 40_643
Parties
Appellant: George W. Sellars; Claimants/respondents: Mary Ann Matthew or Campbell (widow), Donald Campbell, Isabella Campbell, Andrew Campbell, William Campbell, Catherine Campbell (children, via tutrix)
Jurisdiction
Scotland
Judgment Date
05 June 1903
Procedural Posture
Appeal From Arbitration (sheriff Court) Under Workmen's Compensation Act 1897 / Inner House, Second Division, Court of Session
Outcome
Appeal allowed; claim for compensation dismissed.
Legal Topics
Workmen's Compensation, Definition of Scaffolding, Construction and Repair of Buildings, Statutory Coverage
Employment Law Statutory Interpretation Workmen's Compensation Definition of Scaffolding Construction and Repair of Buildings Statutory Coverage

Case Brief

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Parties

George W. Sellars

Appellant

Mary Ann Matthew or Campbell (widow), Donald Campbell, Isabella Campbell, Andrew Campbell, William Campbell, Catherine Campbell (children, via tutrix)

Claimants/respondents

Procedural Posture

Appeal From Arbitration (sheriff Court) Under Workmen's Compensation Act 1897 / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether a ladder used in place of scaffolding constitutes 'scaffolding' under section 7(1) of the Workmen's Compensation Act 1897 for the purposes of statutory compensation.

Ratio Decidendi

A ladder used in the ordinary way, even if for work generally done by means of scaffolding, does not constitute 'scaffolding' within the meaning of section 7(1) of the Workmen's Compensation Act 1897. The statutory language must be interpreted according to its ordinary meaning, and absent a definition including ladders as scaffolding, the use of a ladder does not bring the employment within the Act's coverage.

Court Disposition

Appeal allowed; claim for compensation dismissed.

Orders

  • Answer the question of law in the negative; recall the award of the arbitrator; remit to dismiss the claim; decern.