Kerr v. Ritchies [1913] ScotLR 434 (07 February 1913)

Kerr v. Ritchies [1913] ScotLR 434 (07 February 1913)

There was no particular event or occurrence to which the death could be attributed; the deceased was engaged in ordinary work with no unusual strain or incident. The arbitrator's finding of a contributing strain was not supported by evidence of any specific accident or lesion. Therefore, the death was not due to injury by accident within the meaning of the Workmen's Compensation Act 1906.

Citation
[1913] ScotLR 434
Parties
Appellant: William Kerr; Respondents: Jane Hastie or Ritchie and others (widow and children of Thomas Ritchie)
Jurisdiction
Scotland
Judgment Date
07 February 1913
Procedural Posture
Appeal by Way of Stated Case From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, Post Arbitration
Outcome
Appeal allowed; arbitrator's award recalled; claim dismissed.
Legal Topics
Workmen's Compensation, Definition of Accident, Causation in Employment Injury, Master and Servant
Labour Law Personal Injury Law Workmen's Compensation Definition of Accident Causation in Employment Injury Master and Servant

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Parties

William Kerr

Appellant

Jane Hastie or Ritchie and others (widow and children of Thomas Ritchie)

Respondents

Procedural Posture

Appeal by Way of Stated Case From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, Post Arbitration

Legal Issues

  1. 1 Whether the death of Thomas Ritchie was due to an injury by accident within the meaning of the Workmen's Compensation Act 1906
  2. 2 Whether the death was due to an injury by accident arising out of and in the course of his employment

Ratio Decidendi

There was no particular event or occurrence to which the death could be attributed; the deceased was engaged in ordinary work with no unusual strain or incident. The arbitrator's finding of a contributing strain was not supported by evidence of any specific accident or lesion. Therefore, the death was not due to injury by accident within the meaning of the Workmen's Compensation Act 1906.

Court Disposition

Appeal allowed; arbitrator's award recalled; claim dismissed.

Orders

  • Find that there were no facts from which the arbitrator could competently infer that the death was due to injury by accident within the meaning of the Act.
  • Recall the award of the arbitrator and remit to him to dismiss the claim.