M’Kinnon v J and P Hutchison: HL 1 Feb 1916

A seaman while on board his ship at Spezzia was injured by drinking out of a tin which contained caustic soda in solution. The crew were in the habit of putting water supplied by the ship for drinking purposes in places where there was a draught for the purpose of cooling, and this practice was known to the ship’s officers. This tin was in such a place. It belonged to another seaman, who used it for making tea, and wanted it cleaned. It was not found that the tin was supplied by the ship, or was similar to tins so supplied or to the tins used by the crew for drinking water, nor was it found that the officers sanctioned an indiscriminate use of tins or that such use existed, nor that such cooling was necessary.
The arbitrator having found that the accident arose out of and in the course of the seaman’s employment, held that the facts found were insufficient to support his finding in law, and his award set aside.


Lord Chancellor (Buckmaster), Lord Atkinson, Lord Shaw, Lord Parker, and Lord Sumner


[1916] UKHL 232, 53 SLR 232




Workmen’s Compensation Act 1906 1(1)



Personal Injury, Employment

Updated: 03 August 2022; Ref: scu.630673