The appellant’s deceased husband was an engine-driver in the respondents’ service. In March 1907, while his engine was at Landore, Swansea, he descended in order to turn a water-crane to his engine. He afterwards crossed another line of rails in order to get a book from a friend on another engine. This was a private purpose of the deceased’s, unconnected with his work. While returning to his own engine he was knocked down and killed by a waggon in course of shunting. Held that the accident did not arise ‘out of and in the course of’ his employment under the Workmen’s Compensation Act 1897, section 1.
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, Macnaghten, and James of Hereford
Citations:
[1908] UKHL 700, 46 SLR 700
Links:
Statutes:
Workmen’s Compensation Act 1897
Jurisdiction:
England and Wales
Health and Safety, Personal Injury
Updated: 26 April 2022; Ref: scu.621523