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Subject_1 Master and Servant Subject_2 Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), sec. 1 (1) Subject_3 Accident “Arising out of” Employment. Facts: A salesman and collector, while riding in a street upon a bicycle, in the course of his employment, was kicked on the knee by a passing horse and injured.
Held that the injury was caused by an accident “arising out of” his employment within the meaning of the Workmen's Compensation Act 1906.
The Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58) enacts—Sec. 1 (1) — “If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall … be liable to pay compensation. …”
Samuel M'Neice, salesman and collector, Cathcart, having claimed compensation under the Workmen's Compensation Act 1906 from his employers the Singer Sewing Machine Company, Limited, Bothwell Street, Glasgow, the matter was referred to the arbitration of the Sheriff-Substitute at Glasgow [Scott Moncrieff], who assoilzied the respondents and at the request of the applicant stated a case for appeal.
The facts stated were as follows—“(1) That the appellant was a salesman and collector in the employment of the respondents. (2) That upon 3rd September 1909 he was riding in Holmlea Road, Cathcart, upon a bicycle in the course of his employment, when he was kicked upon the knee by a passing horse and incapacitated from work.”
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