The Workmens Compensation Act 1906 With Notes Rules Orders And Regulation
The Workmens Compensation Act 1906 With Notes Rules Orders And Regulation
W Addington Walter Addington Willis
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If he fell off the gangway, either when going out or returning, it would be an accident neither in the course of nor arising out of his employment. It was no part of his duty or employment to be using the gangway for such purposes. The position of a sailor who is returning after leave of absence is different. It is his duty and is part of his employment to return to his ship and to use all reasonable means for so doing. There comes a moment, often difficult to determine, when the street risks, ...in respect of which he cannot claim compensation, cease, and the ship risks or risks of his employment begin. The principle for deter- mining the commencement of the latter is thus stated by FLETCHER MOULTON, L. J. ( [1911] 1 K. B. At p. 527) : " The return to the ship is in the course of his employment, but the risks do not become risks arising out of his employment until he has to do something specifi- cally connected with his employment in the ship. Thus, if the risk is one due to the means of access to the ship, as in Moore v.
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