Boyd v. Doharty [1908] ScotLR 71 (04 November 1908)

Boyd v. Doharty [1908] ScotLR 71 (04 November 1908)

The pursuer was employed under a contract of service to break stones, was subject to the employer's orders and dismissal, and was permanently incapacitated for work at his trade; thus, he was a 'workman' entitled to compensation under the Act.

Citation
[1908] ScotLR 71
Parties
Respondent: Robert Doharty; Appellant: Thomas Boyd
Jurisdiction
Scotland
Judgment Date
04 November 1908
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Definition of Workman, Incapacity for Work, Sub Contractor Status
Employment Law Personal Injury Workmen's Compensation Definition of Workman Incapacity for Work Sub Contractor Status

Case Brief

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Parties

Robert Doharty

Respondent

Thomas Boyd

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the pursuer was a 'workman' under the Workmen's Compensation Act 1906
  2. 2 Whether the pursuer was a contractor and excluded from compensation
  3. 3 Whether the pursuer was entitled to compensation for incapacity

Ratio Decidendi

The pursuer was employed under a contract of service to break stones, was subject to the employer's orders and dismissal, and was permanently incapacitated for work at his trade; thus, he was a 'workman' entitled to compensation under the Act.

Court Disposition

appeal dismissed

Orders

  • Compensation awarded at 6s. 1d. per week from 27 December 1907 until further orders of Court