An employee in a manure factory whose work consisted in the handling and bagging of artificial manures composed largely or wholly of bone-dust, became ill with blood-poisoning and died. The point of infection was a scratch on one of the man’s legs. The germs which caused the blood-poisoning were present in large numbers in the manures, but were also to be found though in a lesser degree in decaying matter, dust, the air, and on the skin and clothes of persons of uncleanly habits. It was not proved when or how the deceased received the scratch or when the infection occurred, though it was in the highest degree probable on the medical evidence that he received the infection from the germs contained in the bone-dust. The arbitrator awarded compensation. Held ( rev. judgment of the Second Division, dis. Lord Atkinson, dub. Lord Wrenbury) that there was evidence on which the arbitrator could competently find that the deceased’s death was due to an ‘injury by accident’ arising out of and in the course of his employment.
Observations as to the degree of particularity with respect to the time and manner of infection required to be ascertained in cases of disease due to infection by bacillus.
Lord Chancellor (Birkenhead), Lord Buckmaster, Lord Atkinson, Lord Parmoor, and Lord Wrenbury
[1919] UKHL 345, 56 SLR 345
Bailii
Scotland
Personal Injury, Employment
Updated: 04 January 2022; Ref: scu.632774