M'donald v. Jambs Dunlop & Co. (1900) Ltd [1905] ScotLR 42_394 (25 February 1905)

M'donald v. Jambs Dunlop & Co. (1900) Ltd [1905] ScotLR 42_394 (25 February 1905)

A pursuer who is found not entitled to compensation under the Workmen's Compensation Act 1897 is not barred from subsequently raising an action at common law or under the Employers' Liability Act for the same injury or death, provided there is no double recovery and the first claim failed for want of title or benefit, not on the merits.

Citation
[1905] ScotLR 42_394
Parties
Pursuer/respondent: Mrs Rachel M'Vey or M'Donald; Defender/appellant: James Dunlop & Company (1900) Limited
Jurisdiction
Scotland
Judgment Date
25 February 1905
Procedural Posture
Reparation (damages) Action / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal refused
Legal Topics
Workmen's Compensation, Employers' Liability, Election of Remedies, Dependants' Rights, Master and Servant
Tort Employment Law Workmen's Compensation Employers' Liability Election of Remedies Dependants' Rights Master and Servant

Case Brief

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Parties

Mrs Rachel M'Vey or M'Donald

Pursuer/respondent

James Dunlop & Company (1900) Limited

Defender/appellant

Procedural Posture

Reparation (damages) Action / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether a pursuer who unsuccessfully claimed under the Workmen's Compensation Act 1897 is barred from subsequently raising a common law or Employers' Liability Act action for the same injury/death.

Ratio Decidendi

A pursuer who is found not entitled to compensation under the Workmen's Compensation Act 1897 is not barred from subsequently raising an action at common law or under the Employers' Liability Act for the same injury or death, provided there is no double recovery and the first claim failed for want of title or benefit, not on the merits.

Court Disposition

appeal refused

Orders

  • Appeal refused.
  • Case remitted to the Sheriff for further procedure.