Graham v. Barr & Thornton [1913] ScotLR 391 (21 January 1913)

Graham v. Barr & Thornton [1913] ScotLR 391 (21 January 1913)

The accident did not arise out of and in the course of the deceased's employment because he had finished his work, left the immediate precincts of the works, and was engaged in his ordinary journey home; the location of the accident, though on the employer's private branch railway, was not within the scope of employment for compensation purposes.

Citation
[1913] ScotLR 391
Parties
Appellant: Mary Robertson or Graham; Respondents: Barr & Thornton
Jurisdiction
Scotland
Judgment Date
21 January 1913
Procedural Posture
Appeal by Stated Case (workmen's Compensation) / Inner House, First Division, Court of Session
Outcome
Appeal dismissed; judgment for respondents affirmed.
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Master and Servant, Scope of Employment
Employment Law Compensation Law Workmen's Compensation Accident Arising Out of Employment Master and Servant Scope of Employment

Case Brief

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Parties

Mary Robertson or Graham

Appellant

Barr & Thornton

Respondents

Procedural Posture

Appeal by Stated Case (workmen's Compensation) / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether the accident to the deceased arose out of and in the course of his employment under the Workmen's Compensation Act 1906

Ratio Decidendi

The accident did not arise out of and in the course of the deceased's employment because he had finished his work, left the immediate precincts of the works, and was engaged in his ordinary journey home; the location of the accident, though on the employer's private branch railway, was not within the scope of employment for compensation purposes.

Court Disposition

Appeal dismissed; judgment for respondents affirmed.

Orders

  • Respondents assoilzied (absolved) with expenses.