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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thornton v. Boyd & Forrest [1907] ScotLR 44_283 (12 January 1907) URL: http://www.bailii.org/scot/cases/ScotCS/1907/44SLR0283.html Cite as: [1907] ScotLR 44_283, [1907] SLR 44_283 |
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Page: 283↓
[Sheriff Court of Renfrew and Bute at Paisley.
Observed by the Lord Justice-Clerk, that in appeals from the Sheriff Courts, “in which counsel cannot go on without asking leave to amend, it is not a good thing to postpone dealing with the question of expenses till the end of the case. This state of things occurs much too often.”
Page: 284↓
James Thornton, tenant of Drygate Farm in the county of Renfrew, brought an action against Boyd & Forrest, contractors, Renfrew, concluding for £723, 10s. for loss, injury, or damage, which they averred they had sustained in various ways owing to the fault and negligence of the defenders, or of those for whom they were responsible, while constructing, for the Glasgow and South-Western Railway, that part of the Dairy and North Johnstone Line, which passed through the farm of Drygate.
On 16th August 1906 the Sheriflf-Substitute ( Lyell), before answer, allowed parties a proof of their averments. Against this interlocutor the defenders appealed to the Court of Session, and argued that the action was irrelevant. The case was partly heard, and was continued to allow the pursuer's counsel to consider whether they desired to ask leave to amend the record.
On 12th January counsel for the pursuer moved in the Single Bills for leave to make certain amendments, and counsel for the defenders moved that leave should only be granted on condition of paying the expenses thereby caused.
The Court allowed the amendment on condition of payment of six guineas of expenses.
Counsel for the Pursuer (Respondent)— M'Clure, K.C.— Munro. Agents— St Clair Swanson & Manson, W.S.
Counsel for the Defenders (Appellants)— C. D. Murray— MacRobert. Agents— Pringle & Clay, W.S.