Site icon swarb.co.uk

Kitchenham v Owners of SS ‘Johannesburg’: HL 2 Jun 1911

A sailor who had gone on shore, with leave, upon his return reached the quay alongside of which his ship was lying. The gangway which was the access to his ship was properly lighted. There was no evidence whether he reached the gangway, but he fell into the water between the quay and the ship, where his drowned body was afterwards found.
Held that, although there was an accident in the course of the sailor’s employment, there was no evidence that it arose out of this employment and his widow was not entitled to compensation.

Judges:

Lord Chancellor (Loreburn), Lords Atkinson, Shaw, and Robson

Citations:

[1911] UKHL 626, 49 SLR 626

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Employment, Personal Injury

Updated: 17 June 2022; Ref: scu.619202

Exit mobile version