Manson v. forth and clyde steamship Co., Ltd [1913] ScotLR 687 (23 May 1913)

The accident arose out of and in the course of the pursuer's employment because the nature of his work exposed him to a greater risk of fire than the general public, due to working among shavings and with oil-soaked trousers, making the injury compensable under the Workmen's Compensation Act 1906.

Citation: [1913] ScotLR 687
Parties: Pursuer: Magnus Charles Manson; Defenders: Forth and Clyde Steamship Company, Limited
Jurisdiction: Scotland
Judgment Date: 23 May 1913
Procedural Posture: Workmen's Compensation Claim / Appeal From Sheriff Substitute's Arbitration Decision
Outcome: appeal allowed
Legal Topics: Workmen's Compensation, Accident Arising Out of Employment, Master and Servant, Scope of Employment Risk

Employment Law Personal Injury Workmen's Compensation Accident Arising Out of Employment Master and Servant Scope of Employment Risk

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Parties

Magnus Charles Manson

Pursuer

Forth and Clyde Steamship Company, Limited

Defenders

Procedural Posture

Workmen's Compensation Claim / Appeal From Sheriff Substitute's Arbitration Decision

Legal Issues

1 Whether the injury to the appellant was caused by an accident arising out of and in the course of his employment within the meaning of the Workmen's Compensation Act 1906

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Recal the determination of the Sheriff-Substitute as arbitrator.
Remit the cause to the Sheriff-Substitute to find that the accident arose out of and in the course of the appellant's employment.