Ellis v Joseph Ellis and Co (Roberts and Taylor, Surviving Partners)
[1905] 1 K.B. 324(Judgment by: Mathew LJ)
Between: Ellis
And: Joseph Ellis and Co (Roberts and Taylor, Surviving Partners)
Judges:
Collins MR
Mathew LJCozens-Hardy LJ
Subject References:
EMPLOYER AND WORKMAN
Workmen's Compensation
Partner working at Wages
Legislative References:
Workmen's Compensation Act, 1897 (60 & 61 Vict. c. 37) - s. 1, sub-s. 1, and s. 7, sub-s. 2
Judgment date: 12 January 1905
Judgment by:
Mathew LJ
I am of the same opinion. The argument on behalf of the applicant in this appeal appears to involve a legal impossibility, namely, that the same person can occupy the position of being both master and servant, employer and employed. The deceased man in this case was a partner; and the arrangement made between him and his co-partners as to the payment of wages to him was really an agreement with regard to the mode in which accounts were to be taken between the partners, and to the share of profits to be received by him in excess of that received by the other partners in consideration of the work done by him. The Workmen's Compensation Act, 1897, cannot in my opinion apply to such a case.