Lawlor v Grand Canal Company

• Jurisdiction: Ireland
• Judgment Date: 29 July 1929
• Date: 29 July 1929
• Court: High Court (Irish Free State)

H. C., I.F.S.

Lawlor

and

Grand Canal Co

Fatal accident -Workman on canal barge going ashore for refreshments and to use lavatory - Only way of getting ashore by crossing ship lying between the barge and the quay - Mode of access acquiesced in by the employers - Workman drowned when returning to the barge - Whether accident arising out of and in the course of the employment - Workmen's Compensation Act, 1906 (6 Edw. 7 c. 58), s. 1.

A canal barge, having proceeded down the Liffey with a cargo of grain, which was to be transferred to a ship lying alongside the quay, drew up on the river side of this ship and lay alongside it secured in that position by hawsers. The only reasonable way the men on the barge had of going ashore was to cross this ship and then cross the gangway between it and the quay. In the interval before the discharging of the cargo began, the master of the barge went ashore to obtain refreshments, cash a cheque, and to use a lavatory, there being no lavatory on the barge. On his turn, having crossed the ship he was proceeding...