Cunningham v. James M'Gregor & Co. [1901] ScotLR 38_574 (14 May 1901)

Cunningham v. James M'Gregor & Co. [1901] ScotLR 38_574 (14 May 1901)

The widow had no regular and independent means of support; her main means were charitable contributions and occasional employment. The legal presumption of dependency was not displaced by the facts. Therefore, she was wholly dependent on her husband within the meaning of the Act.

Citation
[1901] ScotLR 38_574
Parties
Claimant and Appellant: Mrs Ann Cunningham; Pupil Claimant: Patrick Cunningham; Respondents: James M'Gregor & Company
Jurisdiction
Scotland
Judgment Date
14 May 1901
Procedural Posture
Appeal in Arbitration Under Workmen's Compensation Act 1897 / Inner House Second Division, Court of Session
Outcome
award of arbitrator recalled; case remitted to arbitrator to award compensation on basis of widow being wholly dependent
Legal Topics
Workmen's Compensation, Dependants, Assessment of Dependency, Statutory Interpretation
Reparation Employment Law Workmen's Compensation Dependants Assessment of Dependency Statutory Interpretation

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 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mrs Ann Cunningham

Claimant and Appellant

Patrick Cunningham

Pupil Claimant

James M'Gregor & Company

Respondents

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1897 / Inner House Second Division, Court of Session

Legal Issues

  1. 1 Whether the widow was wholly or partly dependent upon her husband within the meaning of the Workmen's Compensation Act 1897
  2. 2 Whether the pupil child was wholly or partly dependent upon the deceased

Ratio Decidendi

The widow had no regular and independent means of support; her main means were charitable contributions and occasional employment. The legal presumption of dependency was not displaced by the facts. Therefore, she was wholly dependent on her husband within the meaning of the Act.

Court Disposition

award of arbitrator recalled; case remitted to arbitrator to award compensation on basis of widow being wholly dependent

Orders

  • award of £15 recalled
  • case remitted to arbitrator to determine compensation for widow as wholly dependent