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. I. THE EMPLOYMENTS TO WHICH, AND PERSONS TO WHOM, (a) Employments generally.... (b) Persons: Workman, meaning of Whose position is doubtful.. Contractor, position of Seamen...... ........ (c) Where Act applies geographically. 269 270 272 274 286 288 293 305 329 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 373 ......... 374 General principles deducible from the decisions CHAPTER PAGE IV. THE PERSONS ENTITLED TO RECEIVE COMPENSATION 379 Persons entitled to receive 379 379 380 380 383 385 386 401 406 411 411 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 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 CHAPTER X. THE METHOD OF OBTAINING COMPENSATION (continued)— Special arbitration tribunals....... PAGE 571 582 (a) Regulated by Rules...... XI.-PROCEDURE IN ARBITRATION IN THE COUNTY COURT... 585 The parties ..... 585 586 (b) Award against contractor under s. 4......... 600 The award (c) Calling in medical referee in the arbitration..... 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 |