Circumstances in which held (diss. Lords Dunedin and Atkinson, and rev. judgment of the Second Division) that an award of compensation by an arbiter in a workmen’s compensation case, where the workman, a ship’s steward, was last seen alive in his bunk, and was found drowned next day near where his ship had been lying, should be sustained, inasmuch as a reasonable man might have drawn the inference that his death resulted from an accident arising out of and in the course of his employment.
Per Earl Loreburn, in a case under the Workmen’s Compensation Act 1906-‘Where a case is stated incompletely or ambiguously a court may remit for further information. . . A remit is not intended to assist the court in substituting itself for the arbiter.’
Judges:
Earl Loreburn, Lords Dunedin, Atkinson, Shaw, and Parmoor
Citations:
[1914] UKHL 733, 51 SLR 733
Links:
Jurisdiction:
Scotland
Personal Injury
Updated: 09 June 2022; Ref: scu.620722
