Kerr v. William Baird & Co., Ltd [1911] ScotLR 646 (16 March 1911)

The accident did not arise out of and in the course of the deceased's employment because he was performing duties (firing a shot with a detonator) which he was neither authorised nor engaged to perform, thus acting outside the sphere of his employment.

Citation: [1911] ScotLR 646
Parties: Pursuer/respondent: Mrs Elizabeth Buchanan or Kerr; Defender/appellant: William Baird & Company, Limited
Jurisdiction: Scotland
Judgment Date: 16 March 1911
Procedural Posture: Appeal From Sheriff Court (workmen's Compensation) / Inner House, First Division, Court of Session (final Judgment)
Outcome: Appeal sustained; determination of Sheriff-Substitute recalled; question of law answered in the negative; claim for compensation dismissed.
Legal Topics: Scope of Employment, Workplace Accidents, Statutory Interpretation, Unauthorised Acts by Employee

Employment Law Workers' Compensation Industrial Safety Scope of Employment Workplace Accidents Statutory Interpretation Unauthorised Acts by Employee

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Parties

Mrs Elizabeth Buchanan or Kerr

Pursuer/respondent

William Baird & Company, Limited

Defender/appellant

Procedural Posture

Appeal From Sheriff Court (workmen's Compensation) / Inner House, First Division, Court of Session (final Judgment)

Legal Issues

1 Whether the accident arose out of and in the course of the deceased's employment under the Workmen's Compensation Act 1906

Ratio Decidendi

Court Disposition

Appeal sustained; determination of Sheriff-Substitute recalled; question of law answered in the negative; claim for compensation dismissed.

Orders

Recall of the Sheriff-Substitute's determination as arbitrator.
Sustain the appeal.