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Subject_1 Master and Servant Subject_2 Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), sec. 1 (2) ( c ) Subject_3 Serious and Wilful Misconduct Subject_4 Explosives in Coal Mines Order of 1st September 1913, Rule 3 ( a ) — Breach of Rule.
Held that there was evidence upon which the arbiter could find that the workman's injuries were due to his serious and wilful misconduct.
Opinion per curiam that the workman's breach of the rule was serious and wilful misconduct in the sense of the Act.
Observed per curiam —“With regard to the evidence which has been before us in consequence of the order we pronounced for the transmission of the process, … I think we are entitled to look at it for the purpose of ascertaining whether there is any evidence in support of the findings in the case, but for no other purpose.” Lord Dunedin in Lendrum v. Ayr Steam Shipping Company, Limited , 1914 S.C. (H.L.) 91 at p. 102, 51 S.L.R. 733 at p. 739, approved.
Francis M'Kenna, brusher, Maryfield, Portobello, appellant , claimed in the Sheriff Court at Edinburgh compensation under the Workmen's Compensation Act 1906 from the Niddrie and Benhar Coal Company, Limited, Niddrie, Portobello, respondents , in respect of injuries sustained by him while employed in one of their pits.
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