Workmens Compensation Appeals 1910 11 a Critical Commentary On the Workmens

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Workmens Compensation Appeals 1910 11 a Critical Commentary On the Workmens
Climenson Yelverton Charles Dawbarn
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Effect was put up. Notwithstanding this, a miner wanting a O f causal pick he had left there, went for it, and having a naked light in relation - his cap, it caused an explosion, and he was killed. The arbitrator found against his dependants, but on appeal the Lord President held that the man was in the course of his employment doing a thing to further his master's work, and not for any purposes of his own, and though in his conduct he was flagrantly disobedient, yet it could not alter the fact... the accident arose out of his employment (Conway v. Pumpherston Oil Co. , Ltd. , 48 S. L. E. 632), but in the other case, where a miner went out of his way to fire a shot, which was no business of his to do, and which the rules of the mine required to be always done by one man specially appointed in writing for the purpose, it was held that the accident which resulted did not arise out of his employment (Kerr v. Baird, 48 S. L. B. 646).
The Court had no difficulty with the case of Weighill v. South Heaton Coal Co.


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