Moyes v. William Dixon, Ltd [1905] ScotLR 42_319 (13 January 1905)

Moyes v. William Dixon, Ltd [1905] ScotLR 42_319 (13 January 1905)

A person is a 'dependant' under the Act if, at the time of the workman's death, they were in fact maintained by the workman's earnings, regardless of their capacity to earn or the reciprocal nature of services rendered.

Citation
[1905] ScotLR 42_319
Parties
Claimant and Appellant: Lily Moyes; Respondent: William Dixon, Limited
Jurisdiction
Scotland
Judgment Date
13 January 1905
Procedural Posture
Appeal From Arbitration (sheriff Court) / Judgment on Stated Case
Outcome
appeal allowed; claimant held to be a dependant under the Act
Legal Topics
Workmen's Compensation, Definition of Dependants, Parent and Child, Master and Servant
Employment Law Compensation Law Workmen's Compensation Definition of Dependants Parent and Child Master and Servant

Case Brief

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Parties

Lily Moyes

Claimant and Appellant

William Dixon, Limited

Respondent

Procedural Posture

Appeal From Arbitration (sheriff Court) / Judgment on Stated Case

Legal Issues

  1. 1 Whether an able-bodied adult daughter, keeping house for her father in return for board, lodging, and clothing, is a 'dependant' under the Workmen's Compensation Act 1897

Ratio Decidendi

A person is a 'dependant' under the Act if, at the time of the workman's death, they were in fact maintained by the workman's earnings, regardless of their capacity to earn or the reciprocal nature of services rendered.

Court Disposition

appeal allowed; claimant held to be a dependant under the Act

Orders

  • The question of law is answered in the affirmative: the appellant was a dependant within the meaning of the Workmen's Compensation Act 1897.