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

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date15 March 1926
Docket NumberNo. 6.
Date15 March 1926

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19 cases
  • Thomas v Ocean Coal Company Ltd
    • United Kingdom
    • House of Lords
    • 15 November 1932
    ...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 the true view of the statute w......
  • 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 ......
  • Noble v Southern Railway Company
    • United Kingdom
    • House of Lords
    • 18 April 1940
    ...they were meant to apply to a case where it might be argued that the prohibition was an implied prohibition. (See M'Aulay v. Dunlop, 1926, A.C. 377, at p. 386.) 6 In my opinion we are compelled by the section in such a case as the present where death has resulted from the accident and no s......
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2002
    ...fours – 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 ......
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