Re Workmen's Compensation Act, 1906; Elizabeth Johnston, Widow, and John Johnston and Anne Johnston, Applicants; The Monasterevan General Store Company, Respondents;

• Jurisdiction: Ireland
• Judgment Date: 24 November 1908
• Date: 24 November 1908
• Court: Court of Appeal (Ireland)

In re Workmen's Compensation Act, 1906; Elizabeth Johnston, Widow, and John Johnston and Anne Johnston, Applicants; The Monasterevan General Store Co., Respondents (l).

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1909.

Workmen's Compensation Act, 1906 — “Employed otherwise than for the purposes of the employers' trade or business” — House exclusively used and occupied for business — Repairs to roof.

Held, that at the time of his death he was employed for the purposes of the employers' business, and that his dependants were entitled to compensation under the Workmen's Compensation Act, 1906.

Appeal by the Monasterevan General Store Company from the decision of His Honour Judge Brereton Barry, holding that the applicants, as dependants, were entitled to compensation, which he assessed at £150, for the death of Patrick Johnston.

The learned Judge's report of the case was as follows:—

“Elizabeth Johnston, widow, examined said:— ‘I lived at Monasterevan; accident happened on the 16th May, 1908; I and my two children, and five of my stepchildren, children of the deceased, all lived together. He was a labourer. He was killed by falling from a ladder on the 16th May; he was mending the slates.

“Frances Scott, manageress, examined said:— ‘I remember Saturday, 16th May. Drapery, grocery, and hardware is the business of the Company. The Company own the house. They

have acquired it in fee-simple. There were some slates off the roof. I had employed White, a slater, to repair the roof; the slater put up a long ladder to the wall, and on the top he placed a short ladder, and then tied it to the long one. At 12 O'clock White said to me that it would be better to get a man to assist him. I sent the yard-man to get some man at the corner. Johnston came in; I asked him how much would he want for the remainder of the day. He said 2s., and I agreed and he went. The next I heard was about 3 O'clock, and I then heard that he had fallen and was killed. I merely employed him for the halfday.’ (Cross-examined:) ‘It was my duty to have the premises in proper condition for the carrying on of the business.’ (To me:) ‘The assistants live in the dwelling part of the house; it is over the shop.’

“Mr. Gibson, for respondents, requires me to note the following questions of law, viz.—That the said Patrick Johnston at the time of his death was a person whose employment was of a casual nature, and who was employed otherwise than for the purposes of the employers’ trade or business.

“On (1) I hold as a fact that his employment was of a casual nature; (2), I hold as a fact that it was for the purposes of the employers’ trade or business, and not otherwise, that he was so employed. If there is no evidence to support such latter finding, the application...