Stalker v. Wallace [1900] ScotLR 37_898 (10 July 1900)

Stalker v. Wallace [1900] ScotLR 37_898 (10 July 1900)

A builder constructing a building for himself, employing his own men for some work and contracting out other parts, is the 'undertaker' under the Act and liable for compensation to workmen of contractors injured during the construction, as the work is not merely ancillary but integral to the construction undertaken by him.

Citation
[1900] ScotLR 37_898
Parties
Claimant/respondent: Mrs Anna Elizabeth Betts or Stalker (widow of Knox Stalker) and Bernard Edward Stalker (pupil child); Appellant: Richard Wallace
Jurisdiction
Scotland
Judgment Date
10 July 1900
Procedural Posture
Appeal (arbitration Under Workmen's Compensation Act 1897) / Inner House, Second Division, Court of Session
Outcome
Appeal dismissed; judgment of Sheriff-Substitute affirmed.
Legal Topics
Workmen's Compensation, Employer's Liability, Construction Law, Definition of Undertaker
Labour Law Tort Law Workmen's Compensation Employer's Liability Construction Law Definition of Undertaker

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Parties

Mrs Anna Elizabeth Betts or Stalker (widow of Knox Stalker) and Bernard Edward Stalker (pupil child)

Claimant/respondent

Richard Wallace

Appellant

Procedural Posture

Appeal (arbitration Under Workmen's Compensation Act 1897) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the builder (appellant) was the 'undertaker' within the meaning of the Workmen's Compensation Act 1897 in relation to a workman employed by an independent contractor and injured during construction.

Ratio Decidendi

A builder constructing a building for himself, employing his own men for some work and contracting out other parts, is the 'undertaker' under the Act and liable for compensation to workmen of contractors injured during the construction, as the work is not merely ancillary but integral to the construction undertaken by him.

Court Disposition

Appeal dismissed; judgment of Sheriff-Substitute affirmed.

Orders

  • Appellant found liable in compensation (£300: £100 to widow, £200 to child).
  • Appellant found liable in expenses.