A miner who was working with two shot-firers in driving a stone mine in a pit retired with them, after two shots had been lit, to a place of safety. One of the shots missed fire, and the miner, in breach of a notice issued by the employers which he had read, and which, after referring to the Explosives in Coal Mines Order of 1st September 1913, provided that if a shot missed fire no person should on any pretext approach the shot-hole before the expiry of the period mentioned in the Order, returned to the shot-hole within the prohibited time and was injured by an explosion.
Held aff. the judgment of the First Division) that the miner was not acting within the sphere of his employment at the time of the accident, and appeal dismissed.
Judges:
Viscount Cave, Viscount Finlay, Lord Dunedin, Lord Shaw, and Lord Sumner
Citations:
[1924] UKHL 478, 61 SLR 478
Links:
Jurisdiction:
Scotland
Personal Injury, Employment
Updated: 13 June 2022; Ref: scu.631557