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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cunningham, Note for Poors' Roll [1867] ScotLR 4_155_1 (29 June 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0155_1.html
Cite as: [1867] ScotLR 4_155_1, [1867] SLR 4_155_1

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SCOTTISH_SLR_Court_of_Session

Page: 155

Court of Session Outer House

Saturday, June 29 1867.

Lords Deas Ardmillan Lord President

4 SLR 155_1

Cunningham, Note for Poors’ Roll.

Subject_1Poors’ Roll.

Facts:

Application for admission to the poors’ roll refused.

Headnote:

Walter Cunningham, labourer, asked to be admitted to the benefit of the poors’ roll, for the purpose of enabling him to raise an action of damages, for the death of his son, against the proprietors of a brickfield, in whose employment his son was working at the time of his death. The reporters on the probabilis causa reported in favour of the petitioner.

A. Nicolson, for the petitioner, grounded his application on poverty and ill-health. The petitioner was now earning 14s. a week; he had four children, two of whom, respectively nine and eleven years of age, were dependent on him for support. The petitioner's health was bad, and his income therefore precarious.

John Marshall, for defenders, opposed.

The Court unanimously refused the application.

Judgment:

Lords Deas and Ardmillan were inclined to hold that where the action to be raised was an action of damages for loss of life by the fault of the defenders, a case which would be one of trouble and difficulty, the application could not be viewed in the same light as if the action were to be one on breach of contract, or one in which the pursuer sought to establish a valuable right of succession.

Page: 156

The Lord President grounded his opinion on this, that the applicant was an able-bodied man in full employment, earning as much money as most labourers in this country.

1867


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URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0155_1.html