Mackay v. Rosie [1907] ScotLR 178 (21 November 1907)
The pursuer's acceptance of weekly payments, understood by both parties as statutory compensation, constituted an election under the Workmen's Compensation Act 1897, barring a subsequent claim for damages at common law.
- Citation
- [1907] ScotLR 178
- Parties
- Pursuer: Alexander Mackay; Defender: George Rosie
- Jurisdiction
- Scotland
- Judgment Date
- 21 November 1907
- Procedural Posture
- Reparation / Appeal (reclaiming Motion)
- Outcome
- action dismissed
- Legal Topics
- Workmen's Compensation, Master and Servant, Election to Take Compensation, Bar to Common Law Damages
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Parties
Alexander Mackay
Pursuer
George Rosie
Defender
Procedural Posture
Reparation / Appeal (reclaiming Motion)
Legal Issues
- 1 Whether the pursuer's acceptance of weekly payments constituted an election to accept compensation under the Workmen's Compensation Act 1897, barring a claim for damages at common law
Ratio Decidendi
The pursuer's acceptance of weekly payments, understood by both parties as statutory compensation, constituted an election under the Workmen's Compensation Act 1897, barring a subsequent claim for damages at common law.
Court Disposition
action dismissed
Orders
- sustains second plea-in-law for defender
- dismisses action
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