Hannafin v Fitzmaurice

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Date: 01 January 1921
• Court: Court of Appeal (Ireland)

Appeal.

Hannafin v. Fitzmaurice.

In the MATTER of the WORKMEN'S COMPENSATION ACT, 1906. In the MATTER of an Arbitration between NORA HANNAFIN, Applicant, and FRANCIS FITZMAURICE, Respondent (1)

Domestic servant - Accident - Arising out of and in the course of employment -

Workmen's Compensation Act, 1906, sect. 1, sub-s. 1.

This was an appeal by Francis Fitzmaurice against an award of the County Court Judge of the County of Cork, West Riding, dated the 8th October, 1920, by which he awarded compensation under the Workmen's Compensation Act, 1906, for personal injury caused to the applicant, as alleged, by accident arising out of and in the course of her employment as a domestic servant.

The applicant, who was the only witness examined, deposed as follows:—At the time of the accident I was a cook in the employment of the respondent. On the 26th September, 1919, I was going to the tap to get water to wash the towels for the house. I had been sitting reading at a table, and it was about 8.30 p.m. when I got up from the table to go to the tap. I had my slippers on when walking towards the tap. I found one of my slippers slipping off my foot, and I fell on my knees. I then tried to stand up, and I tried to put my foot into the slipper, but I found I was unable to do so. I then discovered that my thigh was hurt. I crawled on my knees to an arm-chair, and sat down. I stayed in the chair until morning. The doctor then came, and had me brought to the hospital. Mrs. Fitzmaurice was away from home, the parlourmaid had gone home, and Mr. Fitzmaurice was upstairs out of hearing.

Cross-examined:—After I fell I was unable to get up. It was on my knees I fell. I crawled back. When the slipper was

slipping off I tried to get it on again. I was stooping down to try to put it on when I fell on my knees.

The County Court Judge in his report stated as follows:—"The applicant at the time of the accident was a domestic servant of the respondent. At about 8.30 p.m., on September 26th, 1919, the applicant was reading at a table in her master's kitchen. It was part of her duty as such servant to wash towels in the kitchen for the use of the house, and she was entitled to wear slippers when doing her master's business. She was on her master's business when walking across the floor from the table to the tap. On the occasion in question, when so walking across the floor, one of the slippers commenced to fall off, and then she fell on her knees on the floor; the fact that the slipper commenced to fall off, and some slippery substance on the floor caused the applicant to full on her knees. The fall on her knees caused the injury to the thigh, which is the injury complained of. I was of opinion that a domestic servant walking across her master's floor on her master's business took the risk of slipping on the floor, and that such risk was incidental to her employment. I find it was an accident arising out of and in the course of the employment. The figures were agreed upon, so I award to the applicant the sum of £43 5s. 0d., and 3s. a week until further order."

While a cook, in the course of her employment, was walking across the kitchen in her master's house, her slipper commenced to fall off, and, on stooping to re-adjust it, she fell and sustained injury. Held...