Mackenzie v Coltness Iron Company, Ltd
| Jurisdiction | Scotland |
| Judgment Date | 21 October 1903 |
| Date | 21 October 1903 |
| Docket Number | No. 2. |
| Court | Court of Session |
Lord President, Lord Adam, Lord M'Laren, Lord Kinnear.
Master and Servant—Workmen's Compensation Act, 1897 (60 and 61 Vict. cap. 37), sec. 1 (1)—Accident arising out of and in the course of employment—Miner going to his work.—
A miner, while proceeding above ground to his work, slipped and broke his leg upon rails belonging to the mine leading to the doorway of a horizontal passage by which the mine was entered, at a spot distant between 9 and 13 feet from the doorway.
Held that the accident arose ‘out of and in the course of his employment’ in the sense of subsection (1) of section 1 of the Workmen's Compensation Act, 1897.
In an arbitration upon a claim for compensation for personal injury under the Workmen's Compensation Act, 1897, in the Sheriff Court at Lanark, at the instance of James Mackenzie, miner, against the Coltness Iron Company, Limited, the Sheriff-substitute (Scott Moncrieff) refused compensation, and on the crave of the applicant stated a case, which set forth the following facts :—‘That upon 11th December 1902, the applicant, who was in the employment of the respondents, was upon the morning of that day proceeding above ground to his work in a mine, entered by a horizontal passage : That extending from this passage there are iron rails laid on sleepers along the ground in the direction of the neighbouring shaft, and that applicant was walking along said rails : That before reaching the doorway of said passage, and while between 9 and 13 feet distant from it, the applicant slipped either upon the rails or sleepers, there being frost upon the ground, and fractured his leg, and that as a result of this accident he has since been unable to work.’
Upon these facts the Sheriff-substitute found in law that the accident caused to the applicant did not arise out of and in the course of his employment in the sense of the Act, and assoilzied the respondents.
The question of law was :—‘Whether the accident by which the applicant James Mackenzie was injured, and which took place under the circumstances above set forth, arose “out of and in the course of his employment” in the sense of section 1 (1) of the Workmen's Compensation Act, 1897?’
Argued for the appellant;—It was not disputed that the accident took place in a mine.1 The accident arose out of and in the course of the injured man's employment. The Act covered the period of going to and coming from work.2
Argued for the respondents;—It was admitted that the accident took place in a mine, but it did not arise out of and in the course of employment.3 The appellant at the time of the accident was not engaged at his master's work, and the accident did not arise out of anything he was doing in his master's service. In Tod v. Caledonian Railway CoSC.2 the workman was actually earning wages when he was killed.
Lord President.—This is undoubtedly a somewhat narrow case, especially in view of the decisions which have been referred to, some of which
tend to support the contention of the applicant, while others are rather favourable to the contention of the respondents. When, however, regard is had to the actual facts of the case, and the provisions of the Workmen's Compensation Act of 1897, it appears to me that the proper conclusion is that the judgment of the learned Sheriff-substitute is erroneous, and that the question whether the respondents are liable should be answered in the affirmative.
The following are the material facts: On the morning in question the appellant, who was in the employment of the respondents, was proceeding above ground to...
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