Mitchell and Others v. Whitton [1907] ScotLR 955 (18 July 1907)
The question of whether the deceased's conduct amounted to serious and wilful misconduct is one of fact, not law, and the Sheriff-Substitute's finding that there was no such misconduct stands; even if reviewable, the facts do not support a finding of serious and wilful misconduct.
- Citation
- [1907] ScotLR 955
- Parties
- Respondents (claimants): Mitchell and Others; Appellant: Whitton
- Jurisdiction
- Scotland
- Judgment Date
- 18 July 1907
- Procedural Posture
- Appeal From Sheriff Court Arbitration Under Workmen's Compensation Acts / Inner House, First Division, Court of Session
- Outcome
- Appeal dismissed
- Legal Topics
- Workmen's Compensation, Serious and Wilful Misconduct, Statutory Breach, Master and Servant
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mitchell and Others
Respondents (claimants)
Whitton
Appellant
Procedural Posture
Appeal From Sheriff Court Arbitration Under Workmen's Compensation Acts / Inner House, First Division, Court of Session
Legal Issues
- 1 Whether the deceased's failure to hold the reins amounted to 'serious and wilful misconduct' under section 1(2)(c) of the Workmen's Compensation Act 1897
Ratio Decidendi
The question of whether the deceased's conduct amounted to serious and wilful misconduct is one of fact, not law, and the Sheriff-Substitute's finding that there was no such misconduct stands; even if reviewable, the facts do not support a finding of serious and wilful misconduct.
Court Disposition
Appeal dismissed
Orders
- Question of law answered in the negative
- Sheriff-Substitute's award of compensation affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment