The Scots Law Times, Volume 2C.E. Green & Son, Limited, 1915 - Law |
From inside the book
Results 1-5 of 86
Page 15
... averments in this case were certainly such as to raise a clear question of fact and of law , and it is worthy of remark that the Court should not have extended its customary leniency to a pursuer's averments which at least approached so ...
... averments in this case were certainly such as to raise a clear question of fact and of law , and it is worthy of remark that the Court should not have extended its customary leniency to a pursuer's averments which at least approached so ...
Page 16
... averments seem to put the defenders in this dilemma , that they neglected one of two alternative duties , either that of suiting the lift to the use to which it was being subjected , or that of ensuring that it should be put only to the ...
... averments seem to put the defenders in this dilemma , that they neglected one of two alternative duties , either that of suiting the lift to the use to which it was being subjected , or that of ensuring that it should be put only to the ...
Page 12
... averment in the complaint . May 27 , 1915 . HIGH COURT OF JUSTI- CIARY . Rosen- having regard to. I therefore think that the first question should be answered in the affirmative . The second question raises the point as to whether the ...
... averment in the complaint . May 27 , 1915 . HIGH COURT OF JUSTI- CIARY . Rosen- having regard to. I therefore think that the first question should be answered in the affirmative . The second question raises the point as to whether the ...
Page 18
... averments bearing upon plea 1 ( b ) , and to the defender a conjunct probation . Lord Hunter . The pursuer maintains that the defender , who is an English woman resident in Liverpool , is subject to the jurisdiction of the Court of ...
... averments bearing upon plea 1 ( b ) , and to the defender a conjunct probation . Lord Hunter . The pursuer maintains that the defender , who is an English woman resident in Liverpool , is subject to the jurisdiction of the Court of ...
Page 19
... averment that a sum of money is due to the defender by Mr Crichton and has been arrested cannot be determined without enquiry . In the present case , if Mr Crichton were admitting liability to account I should consider the case governed ...
... averment that a sum of money is due to the defender by Mr Crichton and has been arrested cannot be determined without enquiry . In the present case , if Mr Crichton were admitting liability to account I should consider the case governed ...
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Common terms and phrases
2ND DIV accident accordingly action Advocate Agents amount appears apply appointed arbitrator averments bank burgh Burgh Police Scotland Captain cargo charge claim clause clerk club coal Compensation Act 1906 contract Court of Session damages death decision defenders duty Edinburgh employment entitled evidence fact Faculty Faculty of Advocates Glasgow harbour heirs male held hold House House of Lords improvement interlocutor James John judges judgment July June land landlord lease liable Lieutenant Lord Dundas Lord Johnston Lord Ordinary Lord President Lordships M'Arthur Major Harley Martinmas ment Messrs Inglis North British Railway November October opinion OUTER HOUSE owner parties payment person pilot present provisions question referred regard respect respondent Royal Scots Royal Scots Fusiliers schedule Scotland Scots Law Scottish sequestration share Sheriff Court Sheriff-Substitute shew ship solicitor statute statutory temporary pasture tenant tenements tion trustees Vict
Popular passages
Page 213 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 42 - The ruling was in form that there was no evidence of negligence to go to the jury...
Page 335 - First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Page 125 - I come therefore to the conclusion that the expression 'accident' is used in the popular and ordinary sense of the word as denoting an unlooked-for mishap or an untoward event which is not expected or designed.
Page 123 - Nothing in this section shall affect the rights of a workman to recover compensation in respect of a disease to which this section does not apply, if the disease is a personal injury by accident within the meaning of this act.
Page 287 - Grant was caused by an injury by accident arising out of and in the course of his employment within the meaning of the said Act?
Page 349 - Secondly, every man must be held responsible for the consequences of a false representation made by him to another, upon which a third person acts, and so acting, is injured or damnified, provided it appear that such false representation was made with the intent that it should be acted upon by such third person in the manner that occasions the injury or loss.
Page 291 - He must go further and must say, 'The accident arose because of something I was doing in the course of my employment or because I was exposed by the nature of my employment to some peculiar danger.
Page 291 - I think, to the origin or cause of the accident; the words 'in the course of to the time, place, and circumstances under which the accident takes place.
Page 13 - Provided always, that any Person charged with any such Trespass shall be at liberty to prove, by way of Defence, any Matter which would have been a Defence to an Action at Law for such Trespass...