Stone's Insurance Cases Including All English, Scotch, Irish, Canadian, And Indian, And Many Australian And New Zealand Decisions Relating to All Insurance Risks Other Than Marine, Together With All Cases Upon Workmen's Compensation And Employers' Liabili

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v. Astley, [1911] 1 K. B. 1036 ; 80 L. J. K. B.
731 ; 104 L. T. 373 ; 4 B. W. C. C. 209— C. A. affirmed, [1911] A. C. 674 ; 80 L. J. K. B. 1177 ; 105 L. T. 385 ; 27 T. L. R.
557 ; 4 B. W. C. C. 319— H. L.
A brakesman, who was in charge of a train that was running buffer to buffer with and pushing another train towards some siding points, endeavoured to chmb from the truck in which he was riding on to the brake van of the first train, and in doing so fell and was killed. The points would have ha
...d to be operated by one of the brakesmen.
Held by C. A. (Buckley, L.J., diss.) and by H. !L. (Lord Atkinson diss.) — that there was evidence from which the arbitrator could infer that the deceased was trying to climb into the brake van with a view to alighting therefrom for the purpose of attending to the points, and that the accident arose " out of and in the course of the employment " and that the dependants were entitled to compensation.
Per Cozens-Hardy, M.R. : In considering what is sufficient evidence in a fatal accident to justify an inference that the accident has arisen " out of and in the course of the employment " a distinction must 1be drawn between cases where death occurs at a time when the workman is engaged in his employer's work and cases where death occurs at a time when the workman is free, without any breach of contract, to do what he pleases on his own account.


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