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accident accordance accordingly action Agents agree agreement allowed amount answer appellants apply Argued arising assessment Assessor authority averments carried cause charge circumstances claim Coal complainers conclusion consideration contract Counsel course Court damages December decision decree deduction defenders direct Division doubt duty effect entitled evidence expenses expressed fact further give given Glasgow granted ground held hold House interlocutor issue January judges judgment jury lands liable Lord Ordinary maintained March matter meaning ment objection obligation opinion owners paid Park parties payment person plea position premises present proceedings proved provisions pursuer question raised reason referred refused regard respect respondents result road rule Schedule Scotland seems servant shares Sheriff Sheriff-Substitute Street suggested taken tion trade trustees Valuation whole