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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v. Steel & Sons [1885] ScotLR 22_630 (20 May 1885)
URL: http://www.bailii.org/scot/cases/ScotCS/1885/22SLR0630.html
Cite as: [1885] ScotLR 22_630, [1885] SLR 22_630

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SCOTTISH_SLR_Court_of_Session

Page: 630

Court of Session Inner House Second Division.

[Sheriff of Lanarkshire.

Wednesday, May 20. 1885.

22 SLR 630

Murray

v.

Steel & Sons.

Subject_1Process
Subject_2Appeal
Subject_3Removal to Court of Session
Subject_4Employers Liability Act 1880 (43 and 44 Vict. c. 42), sec. 6.
Facts:

The pursuer brought an action in the Sheriff Court against the defenders, his employers, concluding for £1000 in respect of bodily injury sustained, as he alleged, owing to their fault. On the record being closed he appealed for jury trial. The verdict was for pursuer, damages £150. On motion to apply the verdict with expenses, the defenders moved that only Sheriff Court expenses be allowed, on the ground that pursuer had (as was admitted) been successful on the grounds introduced by the Employers Liability Act, and the Legislature by providing that all actions under that Act should be brought in the Sheriff Court, contemplated their decision by that tribunal. The Court overruled the defenders' motion, and applied the verdict with the usual expenses applicable to an appeal for jury trial.

Counsel:

Counsel for Pursuer— Rhind— Gunn. Agent— R. Stewart, S.S.C.

Counsel for Defender— Jameson— Ure. Agents— Cuthbert & Marchbank, S.S.C.

1885


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URL: http://www.bailii.org/scot/cases/ScotCS/1885/22SLR0630.html