Campbell v. M'Nee [1903] ScotLR 40_824 (15 July 1903)

Campbell v. M'Nee [1903] ScotLR 40_824 (15 July 1903)

The application was properly dismissed as irrelevant because the applicant failed to aver that steam, water, or other mechanical power was used in the store, a statutory requirement for the premises to be considered a factory under the Factory and Workshop Act 1901.

Citation
[1903] ScotLR 40_824
Parties
Applicant and Appellant: Hugh Campbell; Respondent: John M'Nee
Jurisdiction
Scotland
Judgment Date
15 July 1903
Procedural Posture
Arbitration Appeal / Appeal From Sheriff Substitute's Dismissal on Relevancy
Outcome
appeal dismissed; dismissal of claim affirmed
Legal Topics
Workmen's Compensation, Definition of Factory, Relevancy of Pleadings, Statutory Interpretation
Employment Law Compensation Law Factory Law Workmen's Compensation Definition of Factory Relevancy of Pleadings Statutory Interpretation

Case Brief

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Parties

Hugh Campbell

Applicant and Appellant

John M'Nee

Respondent

Procedural Posture

Arbitration Appeal / Appeal From Sheriff Substitute's Dismissal on Relevancy

Legal Issues

  1. 1 Whether the applicant's pleadings were sufficient to establish that the place of injury was a 'factory' under the relevant statutes
  2. 2 Whether the absence of an averment regarding the use of steam, water, or mechanical power rendered the claim irrelevant

Ratio Decidendi

The application was properly dismissed as irrelevant because the applicant failed to aver that steam, water, or other mechanical power was used in the store, a statutory requirement for the premises to be considered a factory under the Factory and Workshop Act 1901.

Court Disposition

appeal dismissed; dismissal of claim affirmed

Orders

  • The question of law was answered in the affirmative; the dismissal of the claim by the Sheriff-Substitute was affirmed.