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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Warnock v. The Glasgow Iron and Steel Co., Ltd [1904] ScotLR 41_359 (02 March 1904) URL: http://www.bailii.org/scot/cases/ScotCS/1904/41SLR0359.html Cite as: [1904] SLR 41_359, [1904] ScotLR 41_359 |
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Page: 359↓
[Sheriff Court at Hamilton.
In a stated case on appeal in an arbitration under the Workmen's Compensation Act 1897 the following question was submitted for the opinion of the Court:—“Whether in the circumstances stated the death of the deceased J. W. resulted from or was accelerated by an accident within the meaning of the Workmen's Compensation Act 1897.”
Held that the question was not a question of law but one of fact, and the appeal dismissed with expenses against the appellant.
This was an appeal from the decision of the Sheriff-Substitute at Hamilton (Thomson) in an arbitration under the Workmen's Compensation Act 1897, in which Mrs Margaret Graham or Warnock, widow of the deceased John Warnock, claimed compensation for the death of her husband from the Glasgow Iron and Steel Company, Limited.
The claimant obtained a Case, in which the Sheriff-Substitute stated that on 9th May 1903 the deceased met with an accident occurring out of and in the course of his employment by a stone falling from the roof of the pit where he was working and injuring the great toe of his right foot; that he had to leave his work on account of the injury; that he suffered much pain and depression of spirits so that his physical condition was lowered by the accident and never entirely recovered; that he never made any claim for compensation, and insisted on going back to work on 3rd June; that he worked regularly till 17th June, when he was taken ill in the pit and had to go home; that he remained at home till 27th June, when he had a stroke of paralysis, from which he died on 29th June, aged 79.
In these circumstances the Sheriff-Substitute found “that it was not proved that death resulted from or was accelerated by the accident, and that the applicant was not entitled to compensation under the Workmen's Compensation Act 1897.
“The question of law for the opinion of Court of Session is—Whether in the circumstances stated the death of the deceased John Warnock resulted from or was accelerated by an accident within the meaning of the Workmen's Compensation Act 1897.”
Argued for the appellant—The death resulted from or at least was accelerated by the accident. [ Lord Trayner—Is not that a question of fact which has been decided against you by the Sheriff-Substitute?] It was no doubt largely a question of fact, but in recent cases questions involving an examination of facts like the present had been treated as questions of law— Golder v. Caledonian Railway Company, November 14, 1902, 5 F. 123, 40 S.L.R. 89; Fenton v. J. Thorley & Company, Limited [1903], App. Cas. 443.
Counsel for the respondents were not called upon.
The Court dismissed the appeal and found the appellant liable in expenses.
Counsel for the Claimant and Appellant— G. Watt, K.C.— Moncrieff. Agents— Simpson & Marwick, W.S.
Counsel for the Respondents— Salvesen, K.C.— Hunter. Agents— W. & J. Burness, W.S.
