Manson v Forth and Clyde Steamship Company, Ltd
| Jurisdiction | Scotland |
| Judgment Date | 23 May 1913 |
| Date | 23 May 1913 |
| Docket Number | No. 126. |
| Court | Court of Session |
Lord President, Lord Kinnear, Lord Johnston, Lord Mackenzie.
Workmen's Compensation Act, 1906 (6 Edw. VII. cap. 58), sec. 1 (1)—Accident arising out of and in the course of the employment—Ship's carpenter burned by shavings accidentally set on fire by shore labourer.
A ship's carpenter, working on the poop of a vessel lying in harbour, was severely burned owing to some shavings by which he was surrounded being ignited by a match carelessly thrown down by a shore labourer. The carpenter's trousers happened to be saturated with inflammable oil which had leaked from a barrel he had shifted in the course of his work, and thus readily caught fire from the shavings.
Held that he was injured by an accident arising out of and in the course of his employment.
In an arbitration under the Workmen's Compensation Act, 1906, in the Sheriff Court at Glasgow, between Magnus Charles Manson and the Forth and Clyde Steamship Company, the Sheriff-substitute (Glegg) refused compensation, and, at the request of the applicant, stated a case for appeal.
The case stated, inter alia:—‘(1) That appellant signed on as carpenter on board the s.s. “Crest,” owned by respondents, the Forth and Clyde Steamship Company, Limited, on 21st December 1911; … (3) that on 15th January 1912, when appellant was working in the poop of the said s.s. “Crest” in Leghorn Harbour, a shore labourer came down the ladder lighting a cigarette, and threw a match down, which fell, still alight, among some shavings on the floor of the poop, setting fire to said shavings; (4) that the fire thus caused lighted appellant's trousers, burning him severely; (5) that appellant had previous to said fire been shifting a barrel of kerosene oil, from which some oil had leaked on to his trousers; … (7) that he is still incapacitated as the result of the injuries sustained on 15th January 1912. …’
The Sheriff-substitute found that ‘… (2) the accident to the appellant did not arise out of and in the course of his employment with the respondents.’ He therefore assoilzied the respondents, and found them entitled to expenses.
The questions of law included the following:—‘(2) Was I entitled to hold that the injury to the appellant was not caused by accident arising out of and in the course of his employment with the respondents within the meaning of the Workmen's Compensation Act, 1906?’
The case was heard before the First Division...
To continue reading
Request your trial
-
Robertson v Woodilee Coal and Coke Company
...& Co., 1914 S. C. 125; Williams v. Llandudno Coaching and Carriage Co.ELR, [1915] 2 K. B. 101; Manson v. Forth and Clyde Steamship Co., 1913 S. C. 921; M'Kendry v. Wright & Greig, supra, p. 98. 3 Wicks v. Dowell & Co.ELR, [1905] 2 K. B. 225; Simpson v. Sinclair, 1917 S. C. (H. L.) 35; M'Ken......
-
Brown v John Watson Ltd
...Wicks v. Dowell & Co.ELR, [1905] 2 K. B. 225; Rodger v. Paisley School Board, 1912 S. C. 584; Manson v. Forth and Clyde Steamship Co., 1913 S. C. 921. 2 1913 S. C. 549. 3 1913 S. C. 975. 1 [1905] A. C. 230. 2 Ibid., at p. 233. 1 [1905] A. C., at p. 234. 2 Ibid., at p. 238. 1 1913 S. C. 549.......
-
Robertson v Woodilee Coal and Coke Company
...Co.ELR, [1905] 2 K. B. 225, at p. 228; Conway v. Pumpherston Oil Co., 1911 S. C. 660, at p. 665; Manson v. Forth and Clyde Steamship Co., 1913 S. C. 921; Fraser v. Riddell & Co., 1914 S. C. 125; Macfarlane v. Shaw (Glasgow), Limited, 1915 S. C. 273; Jackson v. Denton Colliery Co.UNK, (1914)......
-
Macfarlane v Shaw (Glasgow)Ltd
...Justice-Clerk, at p. 1159. 8 Wicks v. Dowell & Co., LimitedELR, [1905] 2 K. B. 225; Manson v. Forth and Clyde Steamship Co., Limited, 1913 S. C. 921; Rowland v. WrightELR, [1909] 1 K. B. 963; Challis v. London and South-Western Railway CoELR., [1905] 2 K. B. 154. 9 1909 S. C. 1230. 10 3 F. ......