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accident accordingly action Agents agree agreement allowed amount appeal apply argued authority averred berth bound called cause charge circumstances claim coal Company compensation competent conclusion condition consider contract Council Counsel course Court death December decided decision decree defenders disposition Division doubt duty effect entitled evidence expenses fact further give given Glasgow granted ground hand held hold House interest interlocutor issue judgment July June lands lease liability Lord Ordinary March matter meaning ment minerals necessary November objection obligation opinion paid parish particular parties payment person position possession present proved purchase pursuer question Railway raised reason received record referred regard respect respondent Scotland seems settlement share Sheriff Sheriff-Substitute taken tion trustees whole