Gray v. North British Railway Co. [1914] ScotLR 144 (10 December 1914)

Gray v. North British Railway Co. [1914] ScotLR 144 (10 December 1914)

Once the deceased workman elected to claim and received full compensation from his employer under the Workmen's Compensation Act 1906, any claim for damages at common law against a third party, either by him or by others claiming through him, was discharged and barred by statute.

Citation
[1914] ScotLR 144
Parties
Pursuer: Robert Gray; Defenders: North British Railway Company
Jurisdiction
Scotland
Judgment Date
10 December 1914
Procedural Posture
Civil Appeal (reparation/damages) / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary
Outcome
action dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Workmen's Compensation, Title to Sue, Damages for Death, Statutory Bar, Common Law Claims
Tort Employment Law Workmen's Compensation Title to Sue Damages for Death Statutory Bar Common Law Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Gray

Pursuer

North British Railway Company

Defenders

Procedural Posture

Civil Appeal (reparation/damages) / Inner House, First Division, Reclaiming Motion (appeal) From Lord Ordinary

Legal Issues

  1. 1 Whether a father can sue for damages at common law for the death of his son against a third party after the son received compensation from his employer under the Workmen's Compensation Act 1906
  2. 2 Whether section 6 of the Workmen's Compensation Act 1906 bars such an action

Ratio Decidendi

Once the deceased workman elected to claim and received full compensation from his employer under the Workmen's Compensation Act 1906, any claim for damages at common law against a third party, either by him or by others claiming through him, was discharged and barred by statute.

Court Disposition

action dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • sustained defenders' first plea-in-law
  • dismissed the action with expenses