Back v Dick, Kerr, and Co: HL 15 May 1906

A firm of contractors who were engaged in substituting electric for horse tramway lines in the streets of a town stored the new rails when unloaded from the railway trucks in the railway company’s yard by arrangement with the railway company. An employee of the contractors was injured while stacking the rails. The yard abutted upon a street through which the electric tramway would ultimately run, but at the time of the accident operations had not extended beyond a point distant over a quarter of a mile from the yard.
Held ( aff. the judgment of the Court of Appeal, diss. Lord Loreburn, L.C., and Lord James of Hereford) that the injured man was not at the time of the accident employed on or in or about an engineering work within the meaning of section 7 of the Workmen’s Compensation Act 1897.

Judges:

the Lord Chancellor (Loreburn), Lords Davey, James of Hereford, Robertson, and Atkinson

Citations:

[1906] UKHL 884

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1897 7

Jurisdiction:

England and Wales

Personal Injury, Employment

Updated: 02 June 2022; Ref: scu.625458