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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murphy v. Clyde Navigation Trustees [1902] ScotLR 39_440 (14 March 1902) URL: http://www.bailii.org/scot/cases/ScotCS/1902/39SLR0440.html Cite as: [1902] ScotLR 39_440, [1902] SLR 39_440 |
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Page: 440↓
In an action of damages for personal injuries at the instance of a docker against the Trustees of the Clyde Navigation, the pursuer within eight days of the day appointed for the trial of the cause before a jury moved for a diligence to recover documents. The defenders objected, upon the ground that the documents if recovered could only be used for cross-examination, because they could not be put in evidence, as it was now impossible to lodge them eight days before the trial. They maintained that the case was ruled by the decisions in M'Neill v. Campbell, February 20, 1880, 7 R. 574, 17 S.L.R. 392; and Livingston v. Dinwoodie, June 28, 1860, 22 D. 1333. The pursuer offered no explanation of the delay in applying for a diligence. He maintained that he was entitled to recover the documents sought for, to make what use he could of them by putting them to witnesses.
The Court (
Counsel for the Pursuer— Hamilton. Agents— Clark & Macdonald, S.S.C.
Counsel for the Defenders— Deas. Agents— Webster, Will, & Company, S.S.C.