A ship’s engineer was given leave to go ashore for his own purposes. His ship was lying at a quay in a public harbour, which, however, was now controlled by the naval and military authorities, a pass being required for ingress to and egress from the harbour. Passes were only issued to persons having business at the harbour. On his way back the engineer fell into the harbour and was drowned while still some distance from the gangway to his ship.
Held (dis. the Lord Chancellor, rev. judgment of the First Division) that the accident was not one ‘arising out of and in the course of the employment.’
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Parmoor
Citations:
[1918] UKHL 185
Links:
Jurisdiction:
England and Wales
Employment, Personal Injury
Updated: 19 November 2022; Ref: scu.631467