Conway and Another v. Pumpherston Oil Co., Ltd [1911] ScotLR 632 (09 March 1911)

Conway and Another v. Pumpherston Oil Co., Ltd [1911] ScotLR 632 (09 March 1911)

The deceased, though disobeying a specific order not to enter a dangerous area, was acting within the general sphere of his employment by fetching a tool for work purposes; mere disobedience does not remove the act from the course of employment, and compensation is not barred by such disobedience where death results.

Citation
[1911] ScotLR 632
Parties
Appellants/claimants: John Conway and another; Respondents/defenders: Pumpherston Oil Company, Limited
Jurisdiction
Scotland
Judgment Date
09 March 1911
Procedural Posture
Appeal in Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, on Stated Case From Sheriff Court
Outcome
Appeal allowed; determination of Sheriff-Substitute recalled; case remitted for award of compensation.
Legal Topics
Scope of Employment, Workplace Accident, Disobedience of Orders, Compensation for Dependants, Statutory Interpretation
Employment Law Workers' Compensation Tort Law Scope of Employment Workplace Accident Disobedience of Orders Compensation for Dependants Statutory Interpretation

Case Brief

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Parties

John Conway and another

Appellants/claimants

Pumpherston Oil Company, Limited

Respondents/defenders

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, on Stated Case From Sheriff Court

Legal Issues

  1. 1 Whether the accident to the deceased arose out of and in the course of his employment within the meaning of the Workmen's Compensation Act 1906 despite disobedience of a specific order
  2. 2 Whether disobedience to an order excluding a workman from a dangerous area removes the accident from the scope of employment

Ratio Decidendi

The deceased, though disobeying a specific order not to enter a dangerous area, was acting within the general sphere of his employment by fetching a tool for work purposes; mere disobedience does not remove the act from the course of employment, and compensation is not barred by such disobedience where death results.

Court Disposition

Appeal allowed; determination of Sheriff-Substitute recalled; case remitted for award of compensation.

Orders

  • Sheriff-Substitute's decision recalled
  • Remitted to Sheriff-Substitute to award compensation to appellants and proceed as accords