Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

McDaid v Halliday and Lowry

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1944
Date01 January 1944
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
McDaid
and
Halliday and Lowry

-Workman drowned by wrongful act of fellow-workman while returning from work on employers' motor-boat - Whether accident arose out of and in the course of the employment - Workmen's Compensation Act (N.I.), 1925 (15 16 Geo. 5, c. 84), s. 1.

The applicants were the dependants of McD., a general labourer employed by H. & L. as a bargeman at an hourly rate. His duties were to help in the unloading of the barge on its arrival at the rail-head and to assist on it during its journey on tow by motor boat to and from the clay deposits in a neighbouring town. If the barge was not fully unloaded when the work for the day had stopped McD. was free to travel home by the motor-boat or not, as he pleased, and was given a travel allowance. In fact, he always travelled back by the barge or motor-boat and was paid up to the time of his arrival back, although he had no duties in connection with the motorboat. On the night of his death the barge had not been fully discharged and McD. was taken with others in the motor-boat. During the journey G., a fellow-worker, who was under the influence of drink, lifted McD. in his arms, whereupon both fell overboard and McD. was drowned. The Recorder of Londonderry held that the deceased's employment continued until the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT