Laing v. Young & Leslie [1900] ScotLR 38_29 (02 November 1900)

Laing v. Young & Leslie [1900] ScotLR 38_29 (02 November 1900)

The lighter and its engine were not machinery or plant used in the process of unloading to a dock, wharf, or quay within the meaning of the Factory and Workshop Act 1895, section 23, and thus did not constitute a 'factory' under the Workmen's Compensation Act 1897. The accident did not arise out of or in the course of employment on, in, or about a factory as defined by the statute.

Citation
[1900] ScotLR 38_29
Parties
Claimant/respondent: Mrs Lillias Wallace Smith or Laing; Defendants/appellants: Young & Leslie
Jurisdiction
Scotland
Judgment Date
02 November 1900
Procedural Posture
Appeal (workmen's Compensation) / Inner House, Second Division, Court of Session (appeal From Sheriff Substitute)
Outcome
Appeal allowed; claim dismissed
Legal Topics
Workmen's Compensation, Definition of Factory, Scope of Factory and Workshop Acts, Accidents in Course of Employment
Employment Law Statutory Interpretation Personal Injury Workmen's Compensation Definition of Factory Scope of Factory and Workshop Acts Accidents in Course of Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Lillias Wallace Smith or Laing

Claimant/respondent

Young & Leslie

Defendants/appellants

Procedural Posture

Appeal (workmen's Compensation) / Inner House, Second Division, Court of Session (appeal From Sheriff Substitute)

Legal Issues

  1. 1 Whether the accident to the deceased arose out of and in the course of an employment within the meaning of section 7 of the Workmen's Compensation Act 1897
  2. 2 Whether the lighter and its machinery constituted a 'factory' under the Factory and Workshop Act 1895 as applied by the 1897 Act

Ratio Decidendi

The lighter and its engine were not machinery or plant used in the process of unloading to a dock, wharf, or quay within the meaning of the Factory and Workshop Act 1895, section 23, and thus did not constitute a 'factory' under the Workmen's Compensation Act 1897. The accident did not arise out of or in the course of employment on, in, or about a factory as defined by the statute.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Question answered in the negative; remit to Sheriff to dismiss the case