M'Ghee v. Summerlee Iron Co., Ltd

This was a Stated Case on appeal from the Sheriff Court at Airdrie against a decision of the Interim Sheriff-Substitute ( Millar Craig ) in an arbitration under the Workmen's Compensation Act 1906 (6 Edw. VII, cap 58), between John M'Ghee, miner, Airdrie, appellant , and the Summerlee Iron Company, Limited, Coatbridge, respondents .

Thisreport was dated 18th October 1910. After hearing parties on the foregoing questions and answers by the medical referee, I issued an interlocutor allowing parties to lead further proof on the questions (1) whether the appellant is incapacitated, and (2) whether the incapacity, if any, is due to the accident.

In terms of said interlocutor, proof was led on 19th December 1910, before Dr A. Maitland Ramsay as medical assessor and myself as arbitrator, when the appellant adduced two medical witnesses, who gave evidence to the effect that the appellant's present incapacity for work was due to the original accident, while the respondents led no evidence, but relied on the medical certificates previously lodged by them.

On these facts I held —(1) That the onus lay on the appellant to prove that the incapacity which supervened in consequence of the partial loss of sight in the left eye was due to the accident; (2) that he had failed to discharge that onus . Had I held that the onus lay on the respondents to prove that the appellant's supervening incapacity was not due to the accident, I should have held that the respondents had not discharged that onus . I therefore ended the compensation as at 14th February 1910, and found no expenses due to or by either party.

I confess to feeling a certain degree of sympathy with this man in the circumstances disclosed; but after all one does not know the whole facts, and besides, sympathy cannot affect our judgment. For the reasons stated I advise your Lordships to answer the question in the affirmative.