A seaman was lawfully absent from his ship for the purposes of buying clothing and of recreation. On returning, he fell from the ladder on the ship’s side and was drowned.
Held that the accident arose out of and in the course of his employment, and that the shipowners were liable to pay compensation to his dependant under the Workmen’s Compensation Act.
Per Lord Chancellor-‘An accident befalls a man ‘in the course of’ his employment if it occurs while he is doing what a man so employed may reasonably do, within a time during which he is employed, and at a place where he may reasonably be during that time to do that thing.’
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, Macnaghten, James of Hereford, and Mersey
Citations:
[1910] UKHL 709
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Personal Injury, Employment
Updated: 26 March 2022; Ref: scu.619799
