Moore v. Manchester Liners, Ltd [1910] UKHL 709 (18 July 1910)
A seaman returning to his ship after a lawful absence for personal purposes, with leave, and using the only available means of access, suffers an accident arising out of and in the course of his employment under the Workmen's Compensation Act 1906, as the risk was incidental to his employment and the employment was continuous.
- Citation
- [1910] UKHL 709
- Parties
- Appellant: Moore; Respondent: Manchester Liners, Limited
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 July 1910
- Procedural Posture
- Appeal / House of Lords Judgment on Appeal From Court of Appeal (england)
- Outcome
- Appeal allowed; judgment of Court of Appeal reversed; County Court Judge's award restored.
- Legal Topics
- Workmen's Compensation, Accident Arising Out of and in the Course of Employment, Master and Servant, Seaman's Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Moore
Appellant
Manchester Liners, Limited
Respondent
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Appeal (england)
Legal Issues
- 1 Whether a seaman's accident while returning to ship after lawful absence for personal purposes arises out of and in the course of employment under the Workmen's Compensation Act 1906
Ratio Decidendi
A seaman returning to his ship after a lawful absence for personal purposes, with leave, and using the only available means of access, suffers an accident arising out of and in the course of his employment under the Workmen's Compensation Act 1906, as the risk was incidental to his employment and the employment was continuous.
Court Disposition
Appeal allowed; judgment of Court of Appeal reversed; County Court Judge's award restored.
Orders
- Award of £240 compensation to the widow of the deceased seaman restored.
Full Case Text
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