Hendry (Simpson’s Executrix) v The United Collieries Ltd: HL 24 Jun 1909

Where a workman meets his death through accident arising out of and in the course of his employment a right to compensation from his employer is by the Workmen’s Compensation Act 1906 conferred upon his dependants, which vests in them on his death, and is, subject of course always to the restrictions of the Act, transmitted on their death to their personal representatives, notwithstanding that during their lifetime they may have made no claim- diss. Lord Dunedin.
Observations on the scope of the maxim actio personalis moritur cum persona.

Judges:

Lord Chancellor (Loreburn), Lord Macnaghten, Lord James Of Hereford, Lord Dunedin, and Lord Shaw Of Dunfermline

Citations:

[1909] UKHL 780, 46 SLR 780

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Employment

Updated: 26 March 2022; Ref: scu.620582