While a ship was in harbour a seaman employed on board left his berth and went on deck during a hot night, saying that he was going up for fresh air. Next day his drowned body was found in the water just underneath a part of the ship’s rail where the crew habitually sat. There was no further evidence to explain the drowning.
Held ( diss. the Lord Chancellor and Lord James of Hereford) that, assuming the death had occurred by accident, there was not evidence to support the inference that the accident arose out of the employment.
Judges:
Lord Chancellor (Loreburn), Lords James of Hereford, Atkinson. Shaw, and Mersey.
Citations:
[1910] UKHL 701, 48 SLR 701
Links:
Jurisdiction:
England and Wales
Employment, Personal Injury
Updated: 26 March 2022; Ref: scu.619798