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YOUNG v. BRISTOL AEROPLANE COMPANY, LTD.

Lloyd's Law Reports

YOUNG v. BRISTOL AEROPLANE COMPANY, LTD.

(1945) 79 Ll.L.Rep. 35

HOUSE OF LORDS.

Before Viscount Simon, Lord Russell of Killowen, Lord Macmillan, Lord Porter and Lord Simonds.

Workmen's compensation - Action against employer - Remedies independently of Workmen's Compensation Act, 1925 - Workman's option either to "claim compensation under this Act or take proceedings independently of this Act" -Meaning of "option"-Circumstances in which it must be concluded that workman has exercised his option - Accident to appellant-Unfenced machinery -Breach of statutory duty-Weekly payments made by employers-Common law claim subsequently brought-Findings of learned Commissioner that on and after Apr. 30, 1942, the appellant accepted the weekly payments knowing them to be made as compensation under the Act; that the appellant when he began to receive such payments did not know that he had an option under Sect. 29 (1) to choose between two alternative remedies; but that in July, 1942, he did become aware of that right, but nevertheless continued to draw compensation money; and that the appellant was accordingly debarred from afterwards suing at common law-Decision upheld by Court of Appeal, Court holding itself bound by its previous decisions in Perkins v. Hugh Stevenson & Sons, Ltd., [1941] 1 K.B. 56, and Selwood v. Townley Coal & Fireclay Company, Ltd., [1941] 1 K.B. 180.

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