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United Kingdom House of Lords Decisions |
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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Orrell Colliery Co., Ltd v. Schofield [1909] UKHL 1043 (14 May 1909) URL: http://www.bailii.org/uk/cases/UKHL/1909/46SLR1043.html Cite as: [1909] UKHL 1043, 46 ScotLR 1043 |
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Page: 1043↓
(Before the
(On Appeal from the Court of Appeal in England.)
Subject_Master and Servant — Workmen's Compensation Act 1906 (6 Edw. VII, c. 58), sec. 13 — Dependant — Posthumous and Illegitimate Child.
A workman was killed by an accident arising out of and in the course of his employment. At the date of his death he was engaged to be married; the banns had been published at his expense and the wedding day fixed; the woman was pregnant with a child which the workman had acknowledged to be his own and intended to maintain.
Held that the after-born illegitimate child was a dependant under sec. 13 of the Workmen's Compensation Act 1906. The claim of a posthumous illegitimate child for compensation as a dependant of a deceased workman was sustained by the County Court Judge and affirmed by the Court of Appeal ( Cozens-Hardy, M.R., Moulton And Farwell, L.JJ.), reported [1909] 1 KB 178.
The employers appealed.
After the argument for the appellants their Lordships gave judgment as follows:—
Appeal dismissed.
Counsel for Appellants— C. A. Russell, K.C.— Rigby Swift. Agents— W. P. Ellen, for Peace & Darlington, Liverpool.
Counsel for Respondent— Langdon, K.C.— G. A. Scott. Agents— Burn & Berridge, for James Wilson, Wigan.
