Wilsons and Clyde Coal Company v McFerrin; Kerr v James Dunlop & Company

JurisdictionEngland & Wales
Judgment Date15 March 1926
Docket NumberNo. 6.
Date15 March 1926
CourtHouse of Lords
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28 cases
  • Thomas v Ocean Coal Company Ltd
    • United Kingdom
    • House of Lords
    • 15 November 1932
    ...has, however, been rejected by this House in the case of Garallan Co. v. Anderson, 1927, A.C. 59, and even more expressly in Wilson's Clyde Coal Co. v. McFerrin, 1926, A.C. p. 377, where Lord Dunedin clearly stated at p. 385 that such an interpretation was obviously untenable, and that th......
  • McDonnell v Sevitt
    • Ireland
    • Supreme Court
    • 30 March 1938
    ...deemed to arise out of and in the course of the employment. Dictum of Lord Dunedin in Wilsons and Clyde Coal Co., Ltd. v. McFerrin,ELR [1926] A. C. 377, at p. 386 (approved in Thomas v. Ocean Coal Co., Ltd.,ELR[1933] (A. C. 100), applied. S. C., I.F.S. McDonnell and Sevitt Unauthorised use ......
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ...Clarke's case (20) BWCC 309 – notwithstanding that this was in conflict with an earlier decision of the House of Lords – McFerrin's case [1926] AC 377. Lord Wright made the following comment on this situation at p.598: "I can understand the difficulty in which both the county court judge an......
  • Noble v Southern Railway Company
    • United Kingdom
    • House of Lords
    • 18 April 1940
    ...trade or business. In saying this I am only repeating in my own words what Lord Dunedin stated in M'Aulay v. James Dunlop & Co. (1926, A.C. 377, at pp. 386, 7). The sub-section has, I think, no application unless the workman when the accident happened was acting in contravention "of any sta......
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