Fowler v. Hughes [1903] ScotLR 40_321 (23 January 1903)

Fowler v. Hughes [1903] ScotLR 40_321 (23 January 1903)

A single receipt for 12s. 6d., not explained or read to the pursuer, does not constitute sufficient evidence of election to take compensation under the Workmen's Compensation Act 1897, nor does it bar the pursuer's action for damages at common law or under the Employers Liability Act 1880.

Citation
[1903] ScotLR 40_321
Parties
Pursuer/appellant: William Fowler; Defender/respondent: John Hughes
Jurisdiction
Scotland
Judgment Date
23 January 1903
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal sustained; interlocutor recalled; action allowed to proceed
Legal Topics
Master and Servant, Workmen's Compensation, Election to Take Compensation, Bar to Action
Employment Law Personal Injury Compensation Law Master and Servant Workmen's Compensation Election to Take Compensation Bar to Action

Case Brief

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Parties

William Fowler

Pursuer/appellant

John Hughes

Defender/respondent

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the pursuer elected to take compensation under the Workmen's Compensation Act 1897, thereby barring his action for damages at common law or under the Employers Liability Act 1880

Ratio Decidendi

A single receipt for 12s. 6d., not explained or read to the pursuer, does not constitute sufficient evidence of election to take compensation under the Workmen's Compensation Act 1897, nor does it bar the pursuer's action for damages at common law or under the Employers Liability Act 1880.

Court Disposition

appeal sustained; interlocutor recalled; action allowed to proceed

Orders

  • Repel the first plea-in-law for the defender.
  • Remit the cause to the Sheriff to proceed.