M'Lelland v. J. & P. Hutchison and Others

Mrs Robertson or M'Lelland, widow of Samuel M'Lelland, appellant , being dissatisfied with an award of the Sheriff-Substitute ( Mackenzie ) at Glasgow in an arbitration under the Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58) brought by the appellant against J. & P. Hutchison and others, the trustees of the late Thomas Holt Hutchison, respondents , appealed by Stated Case.

I found in law (1) that the deceased Samuel M'Lelland having been at the time of his contract of service with the respondents a deserter from the army such contract was null and void, and was entered into by the respondents under essential error induced by the said deceased, (2) that there having been no legal contract of service with the respondents compensation is not due to any dependants of the deceased under the Workmen's Compensation Act 1906 …, and (4) that no compensation is due to [the appellant].

I therefore assoilzied the respondents from the conclusions of the action. …”

The question of law was—“Was she debarred from claiming under the Workmen's Compensation Act 1906, by reason of the fact that her deceased husband was a deserter from the army during the time while he was in the respondents' employment?”

Lord President —The pursuer and appellant's husband was engaged on board the steamship “Dartmoor” as a trimmer or fireman in the month of February 1917, and whilst performing his contract of service was drowned in May 1917. His widow claims compensation under the Workmen's Compensation Act, and confessedly she would be entitled to have her compensation were it not said that her husband entered into a contract which was null and void.