Reid v. The Anchor Line [1903] ScotLR 40_352_1 (06 February 1903)

Reid v. The Anchor Line [1903] ScotLR 40_352_1 (06 February 1903)

The deceased was employed in or about a factory within the meaning of the Workmen's Compensation Act 1897 at the time of the accident, as interpreted by the House of Lords in Stuart v. Nixon & Bruce and Raine v. Jobson & Co, and therefore his dependents are entitled to compensation under the Act.

Citation
[1903] ScotLR 40_352_1
Parties
Claimants and Appellants: Catherine M'Cafferty or Reid, Helen Reid, Mary Reid, William Reid, Jessie Reid, Catherine Reid (pupil children); Respondents: The Anchor Line (Henderson Brothers, Limited)
Jurisdiction
Scotland
Judgment Date
06 February 1903
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session, Post Arbitration Appeal
Outcome
Appeal allowed; question of law answered in the affirmative; case remitted to Sheriff for further proceedings.
Legal Topics
Workmen's Compensation, Definition of Factory, Liability for Workplace Death, Application of Factory and Workshop Act 1895
Employment Law Compensation Law Statutory Interpretation Workmen's Compensation Definition of Factory Liability for Workplace Death Application of Factory and Workshop Act 1895

Case Brief

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Parties

Catherine M'Cafferty or Reid, Helen Reid, Mary Reid, William Reid, Jessie Reid, Catherine Reid (pupil children)

Claimants and Appellants

The Anchor Line (Henderson Brothers, Limited)

Respondents

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session, Post Arbitration Appeal

Legal Issues

  1. 1 Whether the deceased was employed on or in or about a factory within the meaning of the Workmen's Compensation Act 1897 at the time of the accident
  2. 2 Whether dependents are entitled to compensation under the Act

Ratio Decidendi

The deceased was employed in or about a factory within the meaning of the Workmen's Compensation Act 1897 at the time of the accident, as interpreted by the House of Lords in Stuart v. Nixon & Bruce and Raine v. Jobson & Co, and therefore his dependents are entitled to compensation under the Act.

Court Disposition

Appeal allowed; question of law answered in the affirmative; case remitted to Sheriff for further proceedings.

Orders

  • Recall of the dismissal of the claim by the arbiter.
  • Remit to the Sheriff to proceed in accordance with the judgment.