Smith v General Motor Cab Co: HL 3 Apr 1911

A taxi-cab driver was injured by an accident while engaged in his vocation. He claimed compensation from the cab owners, and maintained that they were his employers in the sense of the Workmen’s Compensation Act 1906. Some of the proved facts were consistent with the driver’s contention, the other facts indicated that the contract was one of hire by the driver from the cab owners. The County Court Judge found in fact that the driver hired the cab and was not a servant.
Held: There was evidence before the County Court Judge on which he could reasonably act to sustain his finding, and that therefore it could not be set aside.

Judges:

Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Ashbourne, Atkinson, Shaw, and Mersey

Citations:

[1911] UKHL 618, 49 SLR 618

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Personal Injury

Updated: 18 July 2022; Ref: scu.619194