Zugg v. J. & J. Cunningham, Ltd

A, a chemical manufacturer, contracted with B to do certain tarring work on his (A's) premises. B employed C to assist him in the work and authorised him to employ a labourer D. D having been fatally injured while so employed, his widow claimed compensation from A under section 4 (1) of the Workmen's Compensation Act 1906.

Held that, as the work of tarring the premises was not work “undertaken” by A in the sense of section 4 (1), he was not liable to pay compensation.

Mrs Isabella Dickson or Zugg, widow of Alfred Dennis Zugg, labourer, claimed compensation under the Workmen's Compensation Act 1906 from J. & J. Cunningham, Limited, manure merchants, 44 Bernard Street, Leith, in respect of the death of Alfred Dennis Zugg.

The matter was referred to the arbitration of the Sheriff-Substitute ( Guy ) at Edinburgh, who awarded compensation, and at the request of the defenders stated a case.

The questions of law were—“(1) Whether the work contracted for was work undertaken by the appellants as principals in the course of or for the purposes of their trade or business, all within the meaning of the Workmen's Compensation Act 1906; and (2) Whether the appellants are liable to the respondent in compensation under the said Act.”