Jackson v. General Steam Fishing Co., Ltd [1909] UKHL 901 (29 July 1909)

Jackson v. General Steam Fishing Co., Ltd [1909] UKHL 901 (29 July 1909)

The majority held that, on returning to the quay and proceeding to board the trawler, the deceased had re-entered the sphere of his employment; the accident thus arose out of and in the course of employment, and the claimant was entitled to compensation.

Citation
[1909] UKHL 901
Parties
Appellant (claimant): Mrs Mary Ann Low or Jackson; Respondent (defendant): General Steam Fishing Company, Limited
Jurisdiction
United Kingdom
Judgment Date
29 July 1909
Procedural Posture
Appeal From Court of Session (scotland) on a Claim Under Workmen's Compensation Act 1906 / Final Appellate Judgment (house of Lords)
Outcome
Appeal allowed; judgment of the Second Division reversed.
Legal Topics
Workmen's Compensation, Arising Out of and in the Course of Employment, Scope of Employment, Deviation From Employment, Factual Vs Legal Questions in Compensation Claims
Employment Law Personal Injury Law Workmen's Compensation Arising Out of and in the Course of Employment Scope of Employment Deviation From Employment Factual Vs Legal Questions in Compensation Claims

Case Brief

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Parties

Mrs Mary Ann Low or Jackson

Appellant (claimant)

General Steam Fishing Company, Limited

Respondent (defendant)

Procedural Posture

Appeal From Court of Session (scotland) on a Claim Under Workmen's Compensation Act 1906 / Final Appellate Judgment (house of Lords)

Legal Issues

  1. 1 Whether the accident causing the death of the watchman arose out of and in the course of his employment under the Workmen's Compensation Act 1906
  2. 2 Whether temporary absence for refreshment breaks the course of employment for compensation purposes

Ratio Decidendi

The majority held that, on returning to the quay and proceeding to board the trawler, the deceased had re-entered the sphere of his employment; the accident thus arose out of and in the course of employment, and the claimant was entitled to compensation.

Court Disposition

Appeal allowed; judgment of the Second Division reversed.

Orders

  • Award of £150 compensation to the claimant reinstated
  • Respondent to pay costs