McCULLUM v. NORTHUMBRIAN STEAM SHIPPING COMPANY, LTD.

(1932) 43 Ll L Rep 317

HOUSE OF LORDS.

Before Lord Atkin, Lord Warrington of Clyffe, Lord Tomlin, Lord Thankerton and Lord Macmillan.

Workmen's compensation-Accident arising out of and in the course of the workman's employment - Claim by dependant of deceased boatswain - Boatswain making his way across private dock premises to his ship to take up duties (superadded to his articles of agreement as boatswain) as night watchman - Unexplained fall into dock - Whether boatswain should be treated as in continuous employment as a seaman-Held, that as night watching was treated by the articles as part of the work which a seaman might be called upon to perform the case had to be determined on the footing that the boatswain was on the occasion in question in the position of a seaman returning to duty on his ship after leave; that the right to compensation depended upon whether the accident was due to risks to which the public in general were exposed or to risks special to the employment; and that therefore as the boatswain had left the public highway, with its risks common to all wayfarers, and had entered the private premises of the dock in which his ship lay, with its special risks to which only those who had business at the dock were exposed, the accident was an accident sustained by reason of risks incidental to the employment which he would not have encountered but for his employment - Decision of arbitrator and Court of Appeal in favour of dependant affirmed on different grounds.