In a fiery mine, a miner, at the customary knock-off in the middle of the shift, struck a match to light a pipe. An explosion occurred and he received injuries from which he died. It was, as he knew, an offence under the Coal Mines Regulation Act 1911 to light or to be in possession of a match. Held that the miner’s injuries were not ‘arising out of’ the employment but out of an added peril, and consequently that his dependants could not recover compensation.
Judges:
Viscount Finlay, Viscount Cave, and Lords Dunedin, Atkinson, and Moulton
Citations:
[1920] UKHL 343, 57 SLR 343
Links:
Jurisdiction:
Scotland
Personal Injury, Employment
Updated: 13 June 2022; Ref: scu.631516