The case of Lancashire and Yorkshire Railway v. Highley [1917] A.C. 352; 86 L.J.K.B. 715, was relied on by the appellant as an authority for reversing the judgment of the trial Judge. The facts in that case are stated in the headnote as follows: On the day of his death the deceased, with other workmen, was under orders to travel by train to a place further down the line to work there. The men arrived at a station where they had to change, and, having some time to wait for the next train, they started to cross the lines to a messroom on the opposite side of the station where they could get hot water for their breakfast, which they had brought with them. On his way to the mess-room the deceased attempted to pass under the trucks of a standing goods train. The train moved and he was killed. The messroom could have been reached without crossing the lines, but this way took longer, and the men for their own convenience habitually used the way across the lines. The county court judge found that the accident did not arise out of or in the course of the employment.
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