Grant v. Kynoch [1918] ScotLR 220 (19 January 1918)

The applicant failed to prove the time and circumstances of the alleged accident; without such proof, the case does not fall within the Act's purview, and compensation cannot be awarded.

Citation: [1918] ScotLR 220
Parties: Respondent: Mrs Jane Innes or Grant; Appellants: Messrs G. & G. Kynoch
Jurisdiction: Scotland
Judgment Date: 19 January 1918
Procedural Posture: Workmen's Compensation Appeal / Appeal From Sheriff Court (arbitrator's Award) to Court of Session Inner House
Outcome: Appeal sustained; compensation award reversed.
Legal Topics: Workmen's Compensation, Injury by Accident, Occupational Disease, Causation, Standard of Proof

Labour Law Personal Injury Law Workmen's Compensation Injury by Accident Occupational Disease Causation Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Mrs Jane Innes or Grant

Respondent

Messrs G. & G. Kynoch

Appellants

Procedural Posture

Workmen's Compensation Appeal / Appeal From Sheriff Court (arbitrator's Award) to Court of Session Inner House

Legal Issues

1 Whether blood-poisoning contracted by the deceased was an 'injury by accident' within the meaning of the Workmen's Compensation Act 1906
2 Whether there was sufficient evidence to establish that the infection arose out of and in the course of employment

Ratio Decidendi

The applicant failed to prove the time and circumstances of the alleged accident; without such proof, the case does not fall within the Act's purview, and compensation cannot be awarded.

Court Disposition

Appeal sustained; compensation award reversed.

Orders

Third question of law answered in the negative; unnecessary to answer other questions.
Claim for compensation dismissed.