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Mrs Sarah Jane Johnston or M'Laren, widow of Alexander M'Laren, overseer on the Forth and Clyde Canal, who was in the employment of the Caledonian Railway Company at the time of his death, and others, appellants , claimed compensation under the Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), from the Caledonian Railway Company, respondent , and being dissatisfied with the determination of the Sheriff-Substitute at Falkirk ( Moffat ), acting as arbitrator under the Act, appealed by way of Stated Case.
In these circumstances the Sheriff-Substitute held that the accident by which the deceased met his death arose in the course of his employment, but did not arise out of his employment.
The questions of law for the opinion of the Court were—“(1) Did the accident Page: 886 ↓
Lord President —The facts in this case are exceedingly clearly stated in the case of the learned Sheriff-Substitute. Indeed, in view of some of the difficulties that we have had elsewhere, I should like to say that I think this case is a model of statement.
The point to be decided is whether the accident arose out of the deceased's employment. The learned Sheriff-Substitute found that it arose in the course of the employment, and there was really no argument presented to us to the contrary opinion.
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