O'Brien and Another v. The Star Line, Ltd [1908] ScotLR 935 (18 July 1908)
There was no evidence that the accident arose out of and in the course of the deceased's employment. The deceased was found injured in a part of the ship where he had no right to be, having accessed it by forcing a locked door, and the cause of the accident was unexplained. The burden of proof was not met by the claimants.
- Citation
- [1908] ScotLR 935
- Parties
- Appellants: Mrs Mary Burge or O'Brien and Daisy Burge; Respondents: The Star Line, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 18 July 1908
- Procedural Posture
- Appeal From Arbitration (sheriff Court) / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Workmen's Compensation, Accident Arising Out of Employment, Burden of Proof, Scope of Employment
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Mary Burge or O'Brien and Daisy Burge
Appellants
The Star Line, Limited
Respondents
Procedural Posture
Appeal From Arbitration (sheriff Court) / Judgment on Appeal
Legal Issues
- 1 Whether the death of Stephen O'Brien was the result of injury sustained by accident arising out of and in the course of his employment within the meaning of the Workmen's Compensation Act 1906
Ratio Decidendi
There was no evidence that the accident arose out of and in the course of the deceased's employment. The deceased was found injured in a part of the ship where he had no right to be, having accessed it by forcing a locked door, and the cause of the accident was unexplained. The burden of proof was not met by the claimants.
Court Disposition
appeal dismissed
Orders
- application for compensation refused
- respondents entitled to expenses
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