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accident action Agents agree agreement alleged allowed amount answer appears appellant applied argued arrestment authority averments bank Board called cause charge circumstances claim clause compensation complaint conclusion consider construction contract Counsel course Court death decided decision defenders direct doubt duty effect employment entitled evidence expenses expressed fact further give given Glasgow granted ground hand held hold House intended inter interest issue judge judgment July June land letter liable Lord Lord Ordinary matter meaning ment necessary North objection opinion Ordinary paid particular parties payment person position present proof proved pursuer question Railway raised reason received referred regard respect respondent rule Scotland share Sheriff Sheriff-Substitute ship statement statute taken tion trustees whole