صور الصفحة
PDF
النشر الإلكتروني

knowing of the defect or negligence, we think such person must be a superior in the sense which we have before stated, viz. he must have some duties of superintendence over the workman, or in, or over the department in which the defect or negligence exists, subject to the exception stated in case the workman injured should himself fulfil duties of superintendence.

Notwithstanding the importance of this sub-section, there has been no decision of the High Court, so far as we are aware, upon it. Although it has often been relied upon as a defence in actions brought under the Act in the county courts, we do not know of any case where the defence has been successful. The reason for this may be the natural reluctance which a court or jury would feel to deprive a workman of damages to which he was otherwise entitled, upon the ground alone that he had not complied with a very stringent provision of a statute, with which provision he was probably unacquainted.

To endeavour to sum up what has been said upon this section of the Act: If a workman knows of a defect, he must inform thereof at once, and can only excuse his failure to do so by showing that the employer, or a person with superintendence over himself, or in, or over the department where the defect was, actually knew of the same already, and that he (the workman) knew that the superior had such knowledge.

Of negligence, the consequences of which have not already happened, and which may still be averted, he must inform at once, and of general negligence of disposition he should complain as soon as it becomes so great as to materially increase his risks in his employment; and in both cases the notice should be given either to the employer himself, or to a workman, "superior " in the sense which we have indicated.

If he does give the notice himself, he must prove that he caused it to be given, i.e. that it actually was given.

[blocks in formation]

I. THE EMPLOYMENTS TO WHICH, AND PERSONS TO WHOM,
THE ACT APPLIES ......................

(a) Employments generally....

(b) Persons: Workman, meaning of
Excluded by name .............

Whose position is doubtful..

Contractor, position of

Seamen......

........

(c) Where Act applies geographically.

269

270

272

274

286

288

293

305

[blocks in formation]

329

When right to compensation arises

Compensation, from whom recoverable...... 332

III.-" ACCIDENT" ARISING OUT OF AND IN THE COURSE OF

66

THE EMPLOYMENT.

Cases under Act of 1897

[merged small][merged small][merged small][ocr errors][merged small][merged small]

373

.........

374

[blocks in formation]

General principles deducible from the decisions
Locality, how far necessary to consider

CHAPTER

[ocr errors]

PAGE

IV. THE PERSONS ENTITLED TO RECEIVE COMPENSATION 379 Persons entitled to receive

[blocks in formation]

379

379

380

380

383

385

386

401

406

411

411

[blocks in formation]

VI.-CONDITIONS PRECEDENT TO RIGHT TO RECEIVE OR TO

CONTINUE TO RECEIVE COMPENSATION

(a) Disablement for one week .....

Meaning of

(b) Serious and wilful misconduct

Decisions upon

Whether question of fact or law

Scottish decisions

When resulting in death or serious and

permanent disablement

(c) Notice of injury ....

(d) The claim for compensation

Decisions

Scottish decisions

Requisites of valid claim

Public Authorities Protection Act

When employer estopped from setting up

absence of.........

(e) Medical examination

After notice of injury ....

434

435

436

445

447

445

448

455

457

460

462

464

465

466

468

471

471

[blocks in formation]

funeral expenses

(d) Compensation to infant under Act of 1906 ...... 549 (e) Protection of the compensation......

550

IX.-CONTRACTS EXCLUDING THE APPLICATION OF THE ACT 556

[blocks in formation]

CHAPTER

X. THE METHOD OF OBTAINING COMPENSATION (continued)—
The arbitration tribunals

Special arbitration tribunals.......

PAGE

571

582

(a) Regulated by Rules......

XI.-PROCEDURE IN ARBITRATION IN THE COUNTY COURT... 585

The parties .....

585

586

[blocks in formation]

(b) Award against contractor under s. 4.........

600

The award

(c) Calling in medical referee in the arbitration.....
(d) Decisions generally.......

Right of advocates

Stay of proceedings.

Duty of arbitrator to take notes

Transfer of proceedings

(e) Special procedure in case of seamen

(f) Special procedure where claim against Crown

XII.-PROCEEDINGS ON MEMORANDUM, AND SUBSEQUENT TO

AWARD, AND ENFORCEMENT OF AWARD

601

601

603

604

604

605

605

606

611

612

[blocks in formation]
« السابقةمتابعة »