Kent v. Porter [1901] ScotLR 38_482 (20 March 1901)

Kent v. Porter [1901] ScotLR 38_482 (20 March 1901)

An accident occurring 800 yards from the factory premises is not 'on or in or about' the factory within the meaning of the Workmen's Compensation Act 1897, and therefore the employer is not liable for compensation under the Act.

Citation
[1901] ScotLR 38_482
Parties
Appellant: John Kent; Respondent: David Porter
Jurisdiction
Scotland
Judgment Date
20 March 1901
Procedural Posture
Appeal in Arbitration Under Workmen's Compensation Act 1897 / Judgment on Question of Law
Outcome
Appeal allowed; application for compensation dismissed.
Legal Topics
Workmen's Compensation, Scope of Employment, Definition of Factory, Liability for Workplace Accidents
Employment Law Personal Injury Statutory Interpretation Workmen's Compensation Scope of Employment Definition of Factory Liability for Workplace Accidents

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Parties

John Kent

Appellant

David Porter

Respondent

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1897 / Judgment on Question of Law

Legal Issues

  1. 1 Whether an accident occurring 800 yards from the employer's factory premises is 'on or in or about' a factory within the meaning of the Workmen's Compensation Act 1897, sec. 7, sub-sec. (1)
  2. 2 Whether the employer is liable to pay compensation under the Act for such an accident

Ratio Decidendi

An accident occurring 800 yards from the factory premises is not 'on or in or about' the factory within the meaning of the Workmen's Compensation Act 1897, and therefore the employer is not liable for compensation under the Act.

Court Disposition

Appeal allowed; application for compensation dismissed.

Orders

  • Question of law answered in the negative.
  • Remitted to Sheriff-Substitute to dismiss the application.