M'Lauchlan v Anderson
| Jurisdiction | Scotland |
| Judgment Date | 01 February 1911 |
| Docket Number | No. 68. |
| Date | 01 February 1911 |
| Court | Court of Session |
Lord President, Lord Kinnear, Lord Mackenzie, Lord Johnston.
Workmen's Compensation Act, 1906 (6 Edw. VII. cap. 58), sec. 1 (1) Accident arising out of and in the course of the employmentWorkman getting off wagon to pick up his pipe.
A workman, whose duty it was to load and accompany a train of wagons drawn by a traction-engine, in dismounting from a wagon on which he was riding in order to recover a pipe he had dropped, fell and was run over by the wagon. In a claim for compensation the arbitrator found that the workman attempted to get down from the wagon, not for any object connected with his employment, but for his own purpose, and refused to award compensation.
In an appeal the Court recalled that determination, holding that the accident had arisen out of and in course of the employment.
In an arbitration under the Workmen's Compensation Act, 1906, in the Sheriff Court at Banff, Mrs Jane Wilson or M'Lauchlan sought compensation for herself and her children from George Anderson, traction-engine owner, Fordyce, in respect of the death of her husband, Peter M'Lauchlan. The Sheriff-substitute (Laing) refused compensation, and at the request of the applicant stated a case for appeal.
The case set forth the following facts as established:(1) That the deceased Peter M'Lauchlan, who resided at 87 Moss Street, Keith, Banffshire, was employed by the respondent as a traction-engine assistant from October 1909 to 25th April 1910 inclusive; (2) that the deceased's duties consisted of assisting his fellow-workmen, Alexander Reid, traction-engine driver, and Alexander Crighton, traction-engine assistant, both of Fordyce, Banffshire, to load at various quarries the wagons attached to a traction-engine for conveyance to Portsoy, to accompany said wagons to their destination, and there to assist in unloading; (3) that on said 25th April, between the hours of 3.30 and 5.30 p.m., the deceased Peter M'Lauchlan was engaged at the Ord Quarries, Banffshire, assisting the said Alexander Reid and the said Alexander Crighton to load the wagons; (4) that owing to his being under the influence of drink, the said Peter M'Lauchlan did his work in an unsatisfactory manner, having between said hours to cease work, resuming it, however, before said wagons were loaded; (5) that after the wagons were loaded, the said Alexander Reid, the said Alexander Crighton, and the said Peter M'Lauchlan, about 5.30 p.m., proceeded with the traction-engine and wagons from the said Ord Quarries along the public road to Portsoy, where they were to assist in unloading the wagons; (6) that at that time the said Alexander Reid and the said Alexander Crighton were on the traction-engine, and the deceased Peter M'Laughlan was sitting at the right-hand corner of the front wagon next the engine, with his legs dangling over the front; (7) that about 6.30 p.m., at a point on the road to Portsoy, the said Peter M'Lauchlan was in the act of lighting his pipe when it dropped from his grasp on to the road; (8) that while he was attempting to get down from the corner of the front wagon for the purpose of recovering his pipe he lost his balance, and fell in front of the wagon, with the result that the wheels thereof went over his left leg seriously injuring him; (9) that the said Peter M'Laughlan was removed as soon as possible to the Chalmers Hospital, Banff, where, in spite of medical treatment, he succumbed to his injuries on 26th April...
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