Wallace v. Glenboig Union Fireclay Co., Ltd [1907] ScotLR 726 (31 May 1907)

Wallace v. Glenboig Union Fireclay Co., Ltd [1907] ScotLR 726 (31 May 1907)

The death of Joseph Wallace was not attributable to his serious and wilful misconduct because there was no direct breach of a safety rule by him to which his death could be attributed. The explosion was caused by another worker's independent act, and Wallace was not proved to have instructed or known of that act. Mere rashness or negligence does not meet the statutory threshold for serious and wilful misconduct.

Citation
[1907] ScotLR 726
Parties
Pursuer (respondent): Mrs Mary Allan or Wallace and her children; Defender (appellant): Glenboig Union Fireclay Company, Limited
Jurisdiction
Scotland
Judgment Date
31 May 1907
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Court of Session, Second Division
Outcome
appeal dismissed; question of law answered in the negative; compensation upheld
Legal Topics
Workmen's Compensation, Serious and Wilful Misconduct, Statutory Interpretation, Mine Safety Regulations
Employment Law Industrial Safety Law Workmen's Compensation Serious and Wilful Misconduct Statutory Interpretation Mine Safety Regulations

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Parties

Mrs Mary Allan or Wallace and her children

Pursuer (respondent)

Glenboig Union Fireclay Company, Limited

Defender (appellant)

Procedural Posture

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

Legal Issues

  1. 1 Whether the death of Joseph Wallace was attributable to his serious and wilful misconduct under the Workmen's Compensation Act 1897, section 1(2)(c)
  2. 2 Whether breach of mine safety rules by the overman constituted serious and wilful misconduct

Ratio Decidendi

The death of Joseph Wallace was not attributable to his serious and wilful misconduct because there was no direct breach of a safety rule by him to which his death could be attributed. The explosion was caused by another worker's independent act, and Wallace was not proved to have instructed or known of that act. Mere rashness or negligence does not meet the statutory threshold for serious and wilful misconduct.

Court Disposition

appeal dismissed; question of law answered in the negative; compensation upheld

Orders

  • Compensation to be paid as assessed: £100, 10s. to Mrs Mary Allan or Wallace; £38 each to Mary Arthur Wallace, Margaret M'Allister Wallace, Eva Wallace, John Allan Wallace, and Joseph Wallace (children), sums for children to be invested in Post-Office Savings Bank in name of Sheriff-Clerk-Depute of Airdrie; pursuers...