Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

M'GARVEY v. CALEDONIA STEVEDORING COMPANY.

(1943) 75 Ll.L.Rep. 109

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor) Lord Thankerton, Lord Macmillan, Lord Wright and Lord Clauson.

Workmen's compensation-Accident arising in course of employment - Termination of employment prior to accident - Dock labourer engaged in loading ship in dock- Interval for supper-Failure to return to work-Engagement of substitute workman (as was customary)-Subsequent discovery that dock labourer had fallen into dock on his way back and was drowned-Claim by dependants-Findings of arbitrator that workman was due to report back at midnight; that a substitute workman was engaged at 12 10 a.m.; and that the accident occurred at 12 20 a.m.

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