Logue v Pentland

• Jurisdiction: Ireland
• Judgment Date: 03 February 1930
• Date: 03 February 1930
• Court: High Court (Irish Free State)

High Court.

Logue v. Pentland.

WILLIAM LOGUE

and

EILEEN PENTLAND (1)

Workmen's Compensation - "Workman" or independent contractor - Plumber employed with other workmen to instal sewerage system and hot and cold water - Paid by time worked - Control - Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58), sect. 1, sub-sect. 1. sect. 13.

Appeal from the Circuit Court.

The applicant, William Logue, lodged a request for arbitration under the Workmen's Compensation Act, 1906, in respect of an accident which he sustained on the 25th day of March, 1927, when he was engaged in carrying out work on behalf of the respondent at her house, "The Ferns," Lough Allen, Carrick-on-Shannon, County Roscommon. The respondent, Mrs. Pentland, was the widow of a doctor, and had been residing in England. She purchased the house, "The Ferns," in the year 1926, with the intention of coming to reside in Ireland. Her brother, Mr. Hamilton, kept a hotel at Bundoran, where he lived, and he put her in touch with the applicant, with a view to get some plumbing work done at her house.

The applicant in his evidence stated that he was a plumber, that he lived in Bundoran, and in the month of September or October, 1926, as the result of a message, he went to Mr. Hamilton's hotel and saw the respondent. She told him that she wanted some plumbing work done, and also told him where the house was. He agreed to do the work, and in the month of November, 1926, Mr. Hamilton motored him to the house. He then "measured up what it would take to do the job," the nature of the job being the "putting in a sewerage and hot and cold water," the water supply being taken from Lough Allen. In February, 1927, the respondent notified him to go to the house, and on the 15th February he went there. All the materials necessary for the work were on the ground, with the exception of the sewerage tank, which was subsequently obtained. All the materials had been supplied by the respondent. No one was living in the house then. He brought his young son with him. A Mr. Fraser, a farmer, and a son of Dr. Fraser, with whom the respondent was then staying, showed him where to lay the pipes. He started work on that day (15th February). During the course of the work Mr. Fraser showed him where the bath was to be, and gave him some other directions. He was to be paid four guineas a week, and he was paid four guineas a week up to the date of the accident, which occurred on the 25th March, 1927. On that day he had water running into the sewerage tank for the first time. There was a ladder up to it. He went up the ladder, and when he got to the top of it some rungs gave way, and he fell to the ground. Both his arms were injured. He stated that he was practically in constant employment at four guineas a week prior to the accident. Cross-examined, he stated that his son assisted him when on holidays, his son being still at school. He was bringing his son up to the trade. Asked if the four guineas a week included the wages of his son, he stated that "it included everything." He first denied that his son helped him at the work, but subsequently admitted that his son "might help him for half-an-hour," and that his son gave him some assistance at the work while it was being carried out. The work was to take six weeks. He dictated to Mr. Hamilton the materials that would be required for the work. He did not order any, but a couple of things were consigned in his name from Belfast, as he wrote to the firm to send them. He did not get cards stamped under the Insurance Act, nor did he ask the respondent to stamp his card. He was left to himself to carry out the work; there was no one there to control him. On re-examination, the following questions were put:—"Did Mrs. Pentland provide a handy man to help you at five shillings a day?" "Yes." "What was his name?""Lee." "Was there another man also to help you?" "Yes, there was." "And you were paid your wages at four guineas a week to lay the pipes and so on?" "Yes." "And you carried out that work?" "Yes." The evidence of the applicant as to the nature of his injuries, as well as the medical evidence relating thereto, is stated in the judgment of the Circuit Court Judge.

The respondent in her evidence stated that the applicant came to "The Ferns" to see what was to be done, and he directed what materials were to be got from a firm in Belfast. She did not carry on trade or business of any kind. She had no knowledge of plumbing, nor had Mr. Fraser, who was a farmer. While the work was in progress the applicant was left to himself as to how he would carry out the work. The four guineas a week was to include the work of the applicant and that of his son; his son sometimes helped him. On cross-examination, she stated that she provided the handy man, Lee, and the other man referred to by the applicant. She and Mr. Fraser had a conversation with the applicant as to the line one drain would take as regards certain flower beds. She did not tell the applicant how to run the drain; she said it would do either way.

The Circuit Court Judge (Judge Wakely), in the course of his judgment, said:—"In the case of William Logue, of West End, Bundoran, in the County Donegal, plumber, applicant, and Eileen Pentland, of 'The Ferns,' widow, respondent, William Logue applies for compensation under the Workmen's Compensation Act for an accident which he said arose out of, and in the course of, his employment with Mrs. Pentland on the 25th March, 1927, at 'The Ferns,' Lough Allen, by which both his arms were injured and both wrists broken, and he claims weekly compensation.

The facts of the case are shortly these:—William Logue is a plumber, residing at Bundoran. Mrs. Pentland is the widow of the late Dr. Pentland (who was killed in an accident in London some time ago), with two children, and she took a bungalow, or house, on the shores of Lough Allen, and she wanted a supply of hot and cold water from Lough Allen to this house, and she also wanted a sewerage system to the house. In consultation with her brother and friends, she employed the applicant, William Logue, to do that work; and on the 15th February, 1927, Logue went to the place and saw it, and he saw Mrs. Pentland's brother, Mr. Hamilton, and it was settled that he (Logue) should do the work, and that he was to be paid four guineas a week while doing it. Mrs. Pentland supplied two workmen to assist him, and in the four guineas there was, in a way, included this—that, as he was to stay at 'The...