Costello v. Robert Addie & Sons (Collieries), Ltd [1921] ScotLR 286 (28 January 1921)

Costello v. Robert Addie & Sons (Collieries), Ltd [1921] ScotLR 286 (28 January 1921)

The Court held that Costello's shot had 'missed fire' within the meaning of the Explosives in Coal Mines Order 1913, and by returning to the shot before an hour had elapsed, he contravened the statutory rule. This breach constituted serious and wilful misconduct, and the accident did not arise out of and in the course of his employment. The appeal was sustained and the claim for compensation dismissed.

Citation
[1921] ScotLR 286
Parties
Respondent: John Costello; Appellants: Robert Addie & Sons (Collieries), Limited
Jurisdiction
Scotland
Judgment Date
28 January 1921
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Second Division, Court of Session
Outcome
Appeal sustained; claim for compensation dismissed.
Legal Topics
Workmen's Compensation, Master and Servant, Breach of Statutory Duty, Serious and Wilful Misconduct, Coal Mines Safety Regulations
Employment Law Statutory Interpretation Personal Injury Workmen's Compensation Master and Servant Breach of Statutory Duty Serious and Wilful Misconduct Coal Mines Safety Regulations

Case Brief

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Parties

John Costello

Respondent

Robert Addie & Sons (Collieries), Limited

Appellants

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the accident to John Costello arose out of and in the course of his employment under the Workmen's Compensation Act 1906, given the alleged breach of the Explosives in Coal Mines Order 1913, paragraph 3(a)
  2. 2 Whether Costello's actions constituted 'serious and wilful misconduct' barring compensation

Ratio Decidendi

The Court held that Costello's shot had 'missed fire' within the meaning of the Explosives in Coal Mines Order 1913, and by returning to the shot before an hour had elapsed, he contravened the statutory rule. This breach constituted serious and wilful misconduct, and the accident did not arise out of and in the course of his employment. The appeal was sustained and the claim for compensation dismissed.

Court Disposition

Appeal sustained; claim for compensation dismissed.

Orders

  • Reversal of the Sheriff-Substitute's determination as arbitrator.
  • Remittal to the arbitrator to dismiss the claim.