Craig v. S.S. "Calabria" (Owners of) [1914] ScotLR 657 (06 June 1914)

Craig v. S.S. "Calabria" (Owners of) [1914] ScotLR 657 (06 June 1914)

The accident, though occurring in the course of employment, did not arise out of the employment because the risk of falling from the quay was not specifically connected to Craig's work and was a risk common to all persons using the quay. The shipowners were not responsible for the condition of the quay, and Craig had not reached the gangway or means of access to the ship when the accident occurred.

Citation
[1914] ScotLR 657
Parties
Appellant: Mrs Craig; Respondents: James Cormack and others, owners of S.S. 'Calabria'
Jurisdiction
Scotland
Judgment Date
06 June 1914
Procedural Posture
Arbitration Appeal / Appeal From Sheriff Court Decision
Outcome
appeal dismissed; award of arbitrator affirmed
Legal Topics
Workmen's Compensation, Arising Out of Employment, Seaman Accident Liability
Employment Law Compensation Law Workmen's Compensation Arising Out of Employment Seaman Accident Liability

Case Brief

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Parties

Mrs Craig

Appellant

James Cormack and others, owners of S.S. 'Calabria'

Respondents

Procedural Posture

Arbitration Appeal / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Did the accident arise out of and in the course of the employment of John Craig?

Ratio Decidendi

The accident, though occurring in the course of employment, did not arise out of the employment because the risk of falling from the quay was not specifically connected to Craig's work and was a risk common to all persons using the quay. The shipowners were not responsible for the condition of the quay, and Craig had not reached the gangway or means of access to the ship when the accident occurred.

Court Disposition

appeal dismissed; award of arbitrator affirmed

Orders

  • Respondents assoilzied (absolved from liability)
  • Appellant liable for respondents' expenses