Leishman v. William Dixon Ltd [1910] ScotLR 410 (10 February 1910)

Leishman v. William Dixon Ltd [1910] ScotLR 410 (10 February 1910)

There was sufficient evidence for the arbiter to find that the appellant's conduct constituted serious and wilful misconduct, and thus the appellant was barred from compensation under the Act.

Source-derived case information.

Citation
[1910] ScotLR 410
Parties
Appellant: John Leishman; Respondent: William Dixon Limited
Jurisdiction
Scotland
Judgment Date
10 February 1910
Procedural Posture
Workmen's Compensation Appeal / Appeal From Sheriff Court Arbitration
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Serious and Wilful Misconduct, Master and Servant Liability
Employment Law Personal Injury Statutory Compensation Workmen's Compensation Serious and Wilful Misconduct Master and Servant Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Leishman

Appellant

William Dixon Limited

Respondent

Procedural Posture

Workmen's Compensation Appeal / Appeal From Sheriff Court Arbitration

Legal Issues

  1. 1 Whether the appellant's conduct amounted to serious and wilful misconduct under the Workmen's Compensation Act 1906, barring compensation
  2. 2 Whether there was sufficient evidence for the arbiter's finding of misconduct

Ratio Decidendi

There was sufficient evidence for the arbiter to find that the appellant's conduct constituted serious and wilful misconduct, and thus the appellant was barred from compensation under the Act.

Court Disposition

appeal dismissed

Orders

  • The question of law was answered in the negative.
  • The appeal was dismissed.