Paton v. William Dixon, Ltd [1913] ScotLR 866 (16 July 1913)
The incapacity from which the appellant suffered after 15 August 1912 was not proved to be due to the accident of 7 December 1911; the chain of causation was broken by the appellant undertaking work beyond his physical powers, and the arbiter's finding on this factual issue could not be disturbed as it was supported by evidence.
- Citation
- [1913] ScotLR 866
- Parties
- Appellant: John Paton; Respondent: William Dixon, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 16 July 1913
- Procedural Posture
- Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Workmen's Compensation, Causation, Injury by Accident, Master and Servant
Case Brief
Summary, issues, holding and outcome
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Parties
John Paton
Appellant
William Dixon, Limited
Respondent
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Judgment on Appeal
Legal Issues
- 1 Whether the appellant's incapacity from 15 August 1912 was due to the accident of 7 December 1911 for the purposes of compensation under the Workmen's Compensation Act 1906.
Ratio Decidendi
The incapacity from which the appellant suffered after 15 August 1912 was not proved to be due to the accident of 7 December 1911; the chain of causation was broken by the appellant undertaking work beyond his physical powers, and the arbiter's finding on this factual issue could not be disturbed as it was supported by evidence.
Court Disposition
appeal dismissed
Orders
- The question of law was answered in the negative.
- The appeal was dismissed.
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