(Inner House First Division) A railway company employed a firm of signal-makers to erect signals on a new siding which they were in the course of constructing on their own ground and as part of their existing line. A workman in the employment of the signal-maker was knocked down and killed by a passenger train while engaged in fitting the signal wires.
Held that the deceased was employed ‘on’ a railway on work of which the railway company were undertakers, and which was an essential part of their undertaking, and not ‘merely ancillary or incidental’ thereto, and accordingly that the railway company were liable to pay compensation to his relatives under section 4 of the Workmen’s Compensation Act 1897.
References: [1900] SLR 37 – 448
Links: Bailii
Judges: Lord President
Jurisdiction: Scotland
Last Update: 23 September 2020; Ref: scu.611705