Gibson v. Wilson [1901] ScotLR 38_450 (12 March 1901)

Gibson v. Wilson [1901] ScotLR 38_450 (12 March 1901)

The deceased was not in the course of his employment when the accident occurred, as employment had not commenced; he had not reached the building and was taking his own way to access it. The accident did not arise out of and in the course of employment within the meaning of the Act.

Citation
[1901] ScotLR 38_450
Parties
Claimant and Appellant: Jane Sheriff or Gibson; Claimant and Appellant (minor, Represented by Jane Sheriff or Gibson): William Gibson; Respondent: John Nelson Wilson
Jurisdiction
Scotland
Judgment Date
12 March 1901
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal
Outcome
appeal dismissed; claim failed
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Scope of Employment, Statutory Interpretation
Employment Law Personal Injury Statutory Compensation Workmen's Compensation Accident Arising Out of Employment Scope of Employment Statutory Interpretation

Case Brief

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Parties

Jane Sheriff or Gibson

Claimant and Appellant

William Gibson

Claimant and Appellant (minor, Represented by Jane Sheriff or Gibson)

John Nelson Wilson

Respondent

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal

Legal Issues

  1. 1 Did the accident arise out of and in the course of employment under section 1(1) of the Workmen's Compensation Act 1897?
  2. 2 Was the employment covered by the Act?
  3. 3 Was the respondent the employer within the meaning of the Act?

Ratio Decidendi

The deceased was not in the course of his employment when the accident occurred, as employment had not commenced; he had not reached the building and was taking his own way to access it. The accident did not arise out of and in the course of employment within the meaning of the Act.

Court Disposition

appeal dismissed; claim failed

Orders

  • affirmed dismissal of claim by arbitrator
  • decerned