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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murphy or Collins and Others v. The Eglinton Iron Co. [1882] ScotLR 19_440_1 (2 February 1882) URL: http://www.bailii.org/scot/cases/ScotCS/1882/19SLR0440_1.html Cite as: [1882] SLR 19_440_1, [1882] ScotLR 19_440_1 |
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Page: 440↓
In an action brought under the Employers Liability Act of 1880, by the widow and six children of a certain James Collins, against the Eglinton Iron Coy., for damages in consequence of the fall of a roof in one of the ways of the defenders' pit, by which Collins lost his life, the Court (on appeal from the Sheriff Court of Ayrshire) found for the pursuers. The damages were assessed at £120, payable in the following proportions,
Page: 441↓
viz., to the widow £50 sterling, to Alexander and Margaret Collins £5 each, to Susan £10. to Thomas £15, and to each of Mary and Jemima Collins, £17, 10s. The children being all in pupillarity, application was verbally made to the Court for the appointment de plano of an uncle of the children to the office of factor loco tutoris, the fund being so small that the expense of an appointment in the ordinary way by petition in the Outer House was, it was pleaded, to be avoided if possible. The Court, when the application came before them on the Single Bills, granted the motion and made the appointment as craved.
Counsel for Pursuers— J. C. Smith. Agent— John Macmillan, S.S.C.
Counsel for Defenders— J. P. B. Robertson— Darling. Agents— Webster, Will, & Ritchie, S.S.C.