Abernethy & Co. v. Low [1900] ScotLR 37_506 (08 March 1900)

Abernethy & Co. v. Low [1900] ScotLR 37_506 (08 March 1900)

The workman was not employed 'on or in or about' a dock within the meaning of the Act; the dock was not a factory as defined; the employer was not the occupier or undertaker under the relevant statutes. Therefore, the Act did not apply and compensation was not due.

Citation
[1900] ScotLR 37_506
Parties
Appellant: James Abernethy & Company; Respondent: William Low
Jurisdiction
Scotland
Judgment Date
08 March 1900
Procedural Posture
Appeal / Judgment
Outcome
claim dismissed
Legal Topics
Workmen's Compensation, Definition of Factory, Occupier Liability, Dock and Shipyard Accidents
Employment Law Personal Injury Statutory Interpretation Workmen's Compensation Definition of Factory Occupier Liability Dock and Shipyard Accidents

Case Brief

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Parties

James Abernethy & Company

Appellant

William Low

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether employment on a ship in a dock falls within the scope of the Workmen's Compensation Act 1897
  2. 2 Whether the repairing dock is a factory under section 7 of the Act
  3. 3 Whether the employer is the occupier and undertaker under the Act

Ratio Decidendi

The workman was not employed 'on or in or about' a dock within the meaning of the Act; the dock was not a factory as defined; the employer was not the occupier or undertaker under the relevant statutes. Therefore, the Act did not apply and compensation was not due.

Court Disposition

claim dismissed

Orders

  • The question of law was answered in the negative; the respondent is not entitled to compensation under the Workmen's Compensation Act 1897.