Spence v. William Baird & Co., Ltd [1912] ScotLR 278 (13 January 1912)

Spence v. William Baird & Co., Ltd [1912] ScotLR 278 (13 January 1912)

The arbiter was entitled to find that the appellant had not proved an accident within the meaning of the statute, as there was no evidence that the lifting of the hutch accelerated or aggravated the pre-existing heart disease; the incapacity resulted from the natural progression of the disease, not from an accident...

Source-derived case information.

Citation
[1912] ScotLR 278
Parties
Appellant: William Spence; Respondent: William Baird & Company, Limited
Jurisdiction
Scotland
Judgment Date
13 January 1912
Procedural Posture
Appeal From Arbitration (sheriff Court) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Aggravation of Pre Existing Disease
Labour Law Compensation Law Workmen's Compensation Accident Arising Out of Employment Aggravation of Pre Existing Disease

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Summary, issues, holding and outcome

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Parties

William Spence

Appellant

William Baird & Company, Limited

Respondent

Procedural Posture

Appeal From Arbitration (sheriff Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant suffered an accident arising out of and in the course of employment within the meaning of the Workmen's Compensation Act 1906
  2. 2 Whether the lifting of the hutch aggravated or accelerated the appellant's pre-existing heart disease

Ratio Decidendi

The arbiter was entitled to find that the appellant had not proved an accident within the meaning of the statute, as there was no evidence that the lifting of the hutch accelerated or aggravated the pre-existing heart disease; the incapacity resulted from the natural progression of the disease, not from an accident arising out of employment.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed; the finding of the Sheriff-Substitute is affirmed.