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Board of Management of Trim Joint District School v Kelly: HL 6 Apr 1914

A schoolmaster at an industrial school, while performing his duties, was assaulted and killed by two of his pupils (who had formed a conspiracy for that purpose, and were afterwards tried and found guilty of manslaughter). A dependant having claimed compensation, the County Court Judge found that the deceased met his death by accident arising out of and in the course of his employment. Held (1) that his death was due to an accident, and (2) that there was evidence to support the finding of the arbitrator that the accident arose out of his employment.
Lords Dunedin, Atkinson, and Parker dissented.

Judges:

Lord Chancellor (Viscount Haldane), Earl Loreburn, Lords Dunedin, Atkinson, Shaw, Parker, and Reading

Citations:

[1914] UKHL 612, 52 SLR 612

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Health and Safety

Updated: 26 April 2022; Ref: scu.620711

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