Strain v. William Sloan & Co. [1901] ScotLR 38_475 (13 March 1901)

Strain v. William Sloan & Co. [1901] ScotLR 38_475 (13 March 1901)

The wharf in question is a factory within the meaning of the Workmen's Compensation Act 1897, and the fact that the accident occurred in the street immediately outside the wharf does not per se exclude the claim; the statutory definition and purpose encompass such circumstances.

Citation
[1901] ScotLR 38_475
Parties
Claimant and Appellant: Charles Strain; Respondents: William Sloan & Company
Jurisdiction
Scotland
Judgment Date
13 March 1901
Procedural Posture
Appeal on Stated Case (workmen's Compensation) / Inner House, Second Division, Court of Session; Appeal From Sheriff Substitute's Dismissal
Outcome
Interlocutor of the arbitrator recalled; case remitted for further proceedings.
Legal Topics
Workmen's Compensation, Definition of Factory, Scope of Statutory Coverage, Accidents About a Factory
Employment Law Personal Injury Statutory Interpretation Workmen's Compensation Definition of Factory Scope of Statutory Coverage Accidents About a Factory

Case Brief

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Parties

Charles Strain

Claimant and Appellant

William Sloan & Company

Respondents

Procedural Posture

Appeal on Stated Case (workmen's Compensation) / Inner House, Second Division, Court of Session; Appeal From Sheriff Substitute's Dismissal

Legal Issues

  1. 1 Whether a wharf is a 'factory' under the Workmen's Compensation Act 1897 as applied by the Factory and Workshop Act 1895
  2. 2 Whether an accident occurring in the street 'immediately outside' a wharf is 'about' a factory for the purposes of the Act

Ratio Decidendi

The wharf in question is a factory within the meaning of the Workmen's Compensation Act 1897, and the fact that the accident occurred in the street immediately outside the wharf does not per se exclude the claim; the statutory definition and purpose encompass such circumstances.

Court Disposition

Interlocutor of the arbitrator recalled; case remitted for further proceedings.

Orders

  • Find that the wharf is a factory within the meaning of the Act.
  • Find that the accident's location immediately outside the wharf does not per se exclude the claim.