Carlton v William Sinclair, Ltd
| Jurisdiction | Scotland |
| Judgment Date | 02 July 1914 |
| Date | 02 July 1914 |
| Docket Number | No. 98. |
| Court | Court of Session |
Lord President, Lord Johnston, Lord Skerrington.
Workmen's Compensation Act, 1906 (6 Edw. VII. cap. 58), sec. 1 (1)Accident arising out of and in the course of the employmentWorkman assisting fellow-servants to work for a third party.
A carter in the service of carting contractors was employed to deliver goods to consignees. It was his duty to sling the goods from his lorry into tackle provided by the consignees, but he had no duty to receive or stow the goods inside the consignees' warehouse. A custom prevailed among the carters, which was not proved to have been known to their employers, that, when several were delivering goods at the same time, one remained outside and slung the goods from all the lorries, while the others entered the warehouse and helped the consignees' servants to receive and stow the goods. For these services each carter, including the one who remained with the lorries, received remuneration from the consignees. When the carter, in accordance with this custom, was slinging goods from several lorries belonging to his employers, he was injured by accident while working on a lorry other than that of which he was in charge.
Held that the accident did not arise out of and in the course of his employment with the contractors.
Goslan v. James Gillies & Co., 1907 S. C. 68, distinguished.
In an arbitration under the Workmen's Compensation Act, 1906, in the Sheriff Court at Glasgow, in which John Carlton claimed compensation from William Sinclair, Limited, in respect of injuries sustained while in their employment, the Sheriff-substitute (D. J. Mackenzie) awarded compensation, and, at the request of the employers, stated a case for appeal.
The case set forth:(1) That the respondent is a carter, and was in the employment of the appellants on 19th December 1913: (2) That on above date the respondent was sent by the appellants, along with another carter in their employment, named Imrie, to convey twenty bags of glucose from the premises of the Anchor Line to the warehouse of Messrs Burton, Son, & Sanders, Kinning Park, Glasgow: (3) That on arrival at said warehouse the respondent found four other lorries there, each with a lorryman in the service of the appellants, and that these lorries contained sugar in bags also for delivery to Messrs Burton, Son, & Sanders: (4) That the duty of the appellants' carters consisted in delivering the goods by slinging the bags on to tackle which was provided by the consignees, and that they had no duty to receive or stow the goods inside the consignees' warehouse: (5) That in accordance with a custom which prevailed among the carters, one remained on the lorries, slinging the bags from each in turn, while the others assisted Messrs Burton, Son, & Sanders' men in receiving and stowing the goods in the warehouse. This practice was not instructed by the appellants, and it is not clear from the evidence whether or not it was within their knowledge: (6) That the carters...
To continue reading
Request your trial