Leading Cases in Workmens Compensation

Cover Leading Cases in Workmens Compensation
Leading Cases in Workmens Compensation
George Nathaniel William Thomas
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690 ; 1 B. W. C. C. 257 49 LEADING CASES or WORKMEN'S COMPENSATION.
WHAT IS AN ACCIDENT?
FENTON v. THOELEY & CO. , LTD. [1903].
[HOUSE OF LORDS. A. C. 443; 72 L. J. (KB. ) 787 ; 89 L. T. 314; 52 W. E. 81; 19 T. L. E. 684. ] FULLY EEPOETED IN 5 W. C. C. 1.
The word "accident" denotes an unlooked-for mishap or an untoward event which is not expected or designed.
A man while doing his ordinary work, without sustaining a blow or slip, received a rupture.
Was the injury due to an accident in the mea
...ning of the Act?
The County Court Judge and the Court of Appeal held that it was not an accident.
The House of Lords reversed this decision, and referred the case to the County Court Judge to assess compensation.
LORD MACNAGHTEN : My Lords, on 3 December, 1901, Fenton was at work at his machine. He had got through the operation on that day a good many times without bitch or difficulty ; but about 9 p. M. Or a little later, wben the time came for opening the vessel, the wheel would not turn. He then called a fellow-workman to bis assistance, and the two men together set to work to move the wheel.


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