In consequence of a wreck in one of the shafts of a mine the miners were ordered to the surface. Those accustomed to ascend by the damaged shaft were directed to ascend by another shaft. They were detained an hour and a-half waiting until this shaft was free, the miners accustomed to use it being taken up first. While waiting they in their heated state were exposed to a downdraught of cold air. One of them caught a chill, upon which pneumonia supervened and he died. The arbiter in a claim for compensation found that his death was due to accident arising out of the employment. Held (rev. judgment of the Second Division) that the arbiter’s finding was right.
Judges:
Lord Dunedin, Lord Kinnear, Lord Atkinson, Lord Shaw, and Lord Parmoor
Citations:
[1914] UKHL 492, 51 SLR 492
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
Scotland
Personal Injury, Health and Safety
Updated: 26 April 2022; Ref: scu.620713