Bray v Kirkpatrick & Sons
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1919 |
| Date | 01 January 1919 |
| Court | Court of Appeal (Ireland) |
Master and servant - "Workman" - "Employer" - Contract of service - Carter drawing timber and using his own cart and horse and tackle - Paid per ton of timber carted - Absence of control -No obligation to work on any particular day -Workmen's Compensation Act, 1906, s. 13.
Respondents were sawmill owners and timber merchants They purchased woods, and felled the timber, and then made contracts with carters to draw the timber from the woods to the nearest railway station. These carters supplied their own horses and carts and tackle. They were paid 10s. a ton for the timber drawn. They worked when they pleased, and stayed at home when they pleased. Respondents' foreman directed them where the timber was, what timber to cart, and where to deliver it. B., one of these carters, having drawn a log of timber to the station, was putting it on a railway waggon when the log fell on him, and from the injuries received he died three days later. The County Court Judge held that B. was at the time of the accident a workman in the employment of the respondents, and that the accident arose out of and in...
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The Revenue Commissioners v Karshan (Midlands) Ltd T/A Dominos Pizza
...contract is one ‘of’ or ‘for’ service(s). 3 Similar stress on the extent of the power of control can be seen in Bray v. Kirkpatrick (1919) 53 ILTR 81; the judgment of Moloney LJ in Hughes v. Quinn [1919] 2 IR at 445 (‘ the vital element of control’); and Ryan v. Limerick RDC (1920) 54 ILTR ......