Report of the Insurance Institute of Yorkshire (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...death resulted from injury by accident "arising out of and in the course of" the employment. He had left his ship at Antwerp, and was run over by a tramcar in the street. He had admittedly been on the ship's business to the Consul's office, but there was no direct evidence to show what was his intention after that. The Judge, however, formed the opinion, after consulting a map of Antwerp, and considering evidence of the captain's usual habits and duties on shore, that he was on business at the time. It was submitted, of course, that the onus of proving the accident lay upon the applicant, but we have found from previous decisions in the Courts that very slight evidence is sufficient to raise a presumption in the applicant's favour where there is no evidence to the contrary. This case follows clearly the line laid down in McNicholas v. Dawson and Douglas v. United Mineral Co., Ltd. The decided cases under the old Act have further established the following principles: --1. An accident does not arise out of and in the course of the employment when it happens either before the employment has commenced or after it has terminated. 2. From the time a man leaves off work until he arrives at the spot where his employment begins again, the workman is in the same position as regards the employer as any other member of the public, and outside the Act. 3. The beginning of a man's work is not necessarily the beginning of his employment. 4. To resist successfully a claim for compensation it is not enough for the employer to show that the applicant had not commenced work when he was injured. He must show that the man's employment had not begun. 5. The moment of beginning the actual work is not the true test of the time when the employment begins. 6. Whether as a...