Keenan v. Flemington Coal Co., Ltd [1902] ScotLR 40_144 (02 December 1902)

Keenan v. Flemington Coal Co., Ltd [1902] ScotLR 40_144 (02 December 1902)

A workman who leaves his work momentarily for a necessary reason, such as obtaining water on the employer's premises, remains in the course of his employment under section 1(1) of the Workmen's Compensation Act 1897.

Citation
[1902] ScotLR 40_144
Parties
Claimant and Appellant: Michael Keenan; Respondents: Flemington Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
02 December 1902
Procedural Posture
Appeal in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Court Decision
Outcome
Appeal allowed; question of law answered in the affirmative.
Legal Topics
Workmen's Compensation, Accidents Arising Out of Employment, Scope of Employment
Employment Law Compensation Law Workmen's Compensation Accidents Arising Out of Employment Scope of Employment

Case Brief

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Parties

Michael Keenan

Claimant and Appellant

Flemington Coal Company, Limited

Respondents

Procedural Posture

Appeal in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Whether the deceased was killed 'in the course of his employment' under section 1(1) of the Workmen's Compensation Act 1897

Ratio Decidendi

A workman who leaves his work momentarily for a necessary reason, such as obtaining water on the employer's premises, remains in the course of his employment under section 1(1) of the Workmen's Compensation Act 1897.

Court Disposition

Appeal allowed; question of law answered in the affirmative.

Orders

  • Dismissal of claim by arbitrator recalled.
  • Case remitted to arbitrator to proceed in arbitration.