Walker v. Murrays [1911] ScotLR 741 (16 May 1911)

Walker v. Murrays [1911] ScotLR 741 (16 May 1911)

The facts as stated did not necessitate the inference that the deceased's death was caused by an accident arising out of and in the course of his employment; the Sheriff was entitled to conclude as he did, and there was no basis for requiring a stated case.

Citation
[1911] ScotLR 741
Parties
Claimant: Ellen Storey Walker; Respondent: Murrays
Jurisdiction
Scotland
Judgment Date
16 May 1911
Procedural Posture
Workmen's Compensation Claim / Application for Order to State a Case Refused by Court of Session Inner House
Outcome
application refused
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Burden of Proof, Inference From Circumstantial Evidence
Employment Law Personal Injury Law Workmen's Compensation Accident Arising Out of Employment Burden of Proof Inference From Circumstantial Evidence

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Parties

Ellen Storey Walker

Claimant

Murrays

Respondent

Procedural Posture

Workmen's Compensation Claim / Application for Order to State a Case Refused by Court of Session Inner House

Legal Issues

  1. 1 Whether the facts proved necessarily required the inference that the deceased's death was caused by an accident arising out of and in the course of employment
  2. 2 Whether the Sheriff was bound to state a case for the opinion of the Court

Ratio Decidendi

The facts as stated did not necessitate the inference that the deceased's death was caused by an accident arising out of and in the course of his employment; the Sheriff was entitled to conclude as he did, and there was no basis for requiring a stated case.

Court Disposition

application refused

Orders

  • prayer of the note refused