A brakesman was in charge of a train of three trucks pushed by an engine from behind, and was in the front truck. The train overtook on the same line a brakesvan drawn by another engine, and the two trains proceeded together, buffer to buffer, but uncoupled. After passing a certain point it was necessary for the trains to stop and then proceed in the reverse direction down a branch line, and it was the duty of a brakesman to alight and hold the points of the branch line by a lever. The brakesman in the truck, before the train stopped, tried to climb into the brakesvan, but in doing so fell and was fatally injured. It was not necessary to alight from the train while moving, and the ordinary method was for the brakesman to descend from the truck in which he was travelling. The brakesvan, however, was provided with a step closer to the ground than the buffer of the truck. The dependants of the brakesman successfully claimed compensation against his employers.
Held (diss. Lord Atkinson) that there was evidence upon which the County Court Judge might find in fact that the accident arose out of and in the course of the employment.
Judges:
Lord Chancellor (Loreburn), Lords Atkinson, Gorell, and Robson
Citations:
[1911] UKHL 675, 49 SLR 675
Links:
Jurisdiction:
England and Wales
Personal Injury
Updated: 11 June 2022; Ref: scu.619209