Warner v. Couchman [1911] UKHL 681 (10 November 1911)

Warner v. Couchman [1911] UKHL 681 (10 November 1911)

The County Court Judge's finding that the workman was not specially affected by the weather due to his employment is a finding of fact, and there was no basis to disturb it; therefore, the injury did not arise out of the employment and compensation is not payable.

Citation
[1911] UKHL 681
Parties
Appellant: Warner; Respondent: Couchman
Jurisdiction
United Kingdom
Judgment Date
10 November 1911
Procedural Posture
Appeal / Final Appellate Decision (house of Lords)
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Accident Arising Out of Employment, Injury by Accident, Factual Findings, Scope of Appellate Review
Employment Law Tort Law Workmen's Compensation Accident Arising Out of Employment Injury by Accident Factual Findings Scope of Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Warner

Appellant

Couchman

Respondent

Procedural Posture

Appeal / Final Appellate Decision (house of Lords)

Legal Issues

  1. 1 Whether frost-bite suffered by a workman during employment constitutes an accident arising out of the employment under the Workmen's Compensation Act 1906
  2. 2 Whether appellate courts can disturb factual findings of the County Court Judge in such cases

Ratio Decidendi

The County Court Judge's finding that the workman was not specially affected by the weather due to his employment is a finding of fact, and there was no basis to disturb it; therefore, the injury did not arise out of the employment and compensation is not payable.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; decision of the County Court Judge affirmed.