Little v. P. & W. Maclellan, Ltd [1900] ScotLR 37_287 (16 January 1900)

Little v. P. & W. Maclellan, Ltd [1900] ScotLR 37_287 (16 January 1900)

The pursuer, by granting receipts in full satisfaction of compensation under the Workmen's Compensation Act 1897, exercised his option to claim under that Act and is thereby barred from pursuing an action for damages at common law or under the Employers Liability Act 1880 for the same injuries.

Citation
[1900] ScotLR 37_287
Parties
Pursuer: John Ryan or Little; Defender: P. & W. Maclellan, Limited
Jurisdiction
Scotland
Judgment Date
16 January 1900
Procedural Posture
Personal Injury/reparation / Appeal to Court of Session Inner House Second Division
Outcome
action dismissed
Legal Topics
Workmen's Compensation, Election of Remedies, Personal Bar, Master and Servant, Employers Liability Act 1880
Employment Law Tort Law Workmen's Compensation Election of Remedies Personal Bar Master and Servant Employers Liability Act 1880

Case Brief

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Parties

John Ryan or Little

Pursuer

P. & W. Maclellan, Limited

Defender

Procedural Posture

Personal Injury/reparation / Appeal to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the pursuer is barred from insisting in an action for damages at common law or under the Employers Liability Act 1880 after accepting compensation under the Workmen's Compensation Act 1897
  2. 2 Whether the receipts granted by the pursuer constitute an election to accept the provisions of the Workmen's Compensation Act 1897

Ratio Decidendi

The pursuer, by granting receipts in full satisfaction of compensation under the Workmen's Compensation Act 1897, exercised his option to claim under that Act and is thereby barred from pursuing an action for damages at common law or under the Employers Liability Act 1880 for the same injuries.

Court Disposition

action dismissed

Orders

  • Recall interlocutors appealed against
  • Sustain fourth plea-in-law for defender