M'Donald v Hobbs & Samuel

JurisdictionScotland
Judgment Date17 October 1899
Date17 October 1899
Docket NumberNo. 2.
CourtCourt of Session
Court of Session
2d Division

Lord Justice-Clerk, Lord Young, Lord Trayner, Lord Moncreiff.

No. 2.
M'Donald
and
Hobbs & Samuel.

‘Scaffolding’—Master and Servant—Workmen's Compensation Act, 1897 (60 and 61 Vict. cap. 37), sec. 7.—

The Workmen's Compensation Act, 1897, enacts, sec. 7,—‘This Act shall apply only to … employment by the undertakers as hereinafter defined, on, or in, or about any building which exceeds thirty feet in height, and is either being constructed or repaired by means of a scaffolding …’Held (Lord Young reserving his opinion) that a ladder used in the ordinary way by a painter in painting beams in a building over thirty feet in height was not a ‘scaffolding’ within the meaning of the Act.

Process—Stated Case—Amendment.—

Where a case for appeal bore to have been stated ‘as adjusted by the parties,’ and put one specific question of law, the Court (diss. Lord Young) refused to make a remit to have a finding upon a question of fact not stated in the case.

James M'Donald, house painter, Glasgow, claimed compensation from Messrs Hobbs & Samuel, house painters there, under the Workmen's Compensation Act, in respect of injuries alleged to have been sustained on 29th November 1898.

The Sheriff-substitute (Spens) dismissed the petition, and a case was stated for appeal. The case bore that the following were the facts, viz.:—That on 29th November 1898, M'Donald, the appellant, was engaged in painting iron beams or joists in the Dead Meat Market, Glasgow, a building over thirty feet in height. ‘(2) That the said painting was done for the purpose of preserving said iron beams and joists from decay, and that the appellant, when painting these beams, necessarily used a ladder, which had been provided by the respondents, for the purpose for standing upon to reach said beams and do said work. (3) That while the appellant was so engaged the occupier of one of the stands for exhibiting carcases in said Dead Meat Market, and which stand was in close proximity to the said ladder, swung round the carcase of a bullock for the purpose of shewing it to an intending purchaser. (4) That said carcase came violently in contact with said ladder, whereby the appellant was knocked off the same, and fell to the ground. His skull was thereby fractured, and he sustained certain other serious injuries.’ The case then stated that the Sheriff-substitute decided that said building was not being repaired by means of a ‘scaffolding’ within the Act, and therefore...

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