Borland v. Watson, Gow, & Co., Ltd [1911] ScotLR 10 (21 October 1911)
The appellant suffered an injury by accident on 4th December 1908 in the course of his employment, resulting in incapacity. The onus was on the employer to prove the incapacity was solely due to prior injury, which was not established. Compensation is due under the Act.
- Citation
- [1911] ScotLR 10
- Parties
- Appellant: John Borland; Respondents: Watson, Gow, & Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 21 October 1911
- Procedural Posture
- Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Stated Case
- Outcome
- Appeal allowed; question of law answered in the affirmative.
- Legal Topics
- Workmen's Compensation, Injury by Accident, Causation, Onus of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
John Borland
Appellant
Watson, Gow, & Company, Limited
Respondents
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Stated Case
Legal Issues
- 1 Whether the injury sustained on 4th December 1908 was an accident arising out of and in the course of employment entitling the appellant to compensation under the Workmen's Compensation Act 1906
Ratio Decidendi
The appellant suffered an injury by accident on 4th December 1908 in the course of his employment, resulting in incapacity. The onus was on the employer to prove the incapacity was solely due to prior injury, which was not established. Compensation is due under the Act.
Court Disposition
Appeal allowed; question of law answered in the affirmative.
Orders
- Case remitted to Sheriff-Substitute to assess amount of compensation.
Full Case Text
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