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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Good v. Christie [1865] ScotLR 1_53_2 (6 December 1865) URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0053_2.html Cite as: [1865] ScotLR 1_53_2, [1865] SLR 1_53_2 |
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Page: 53↓
(Before
Form of Issue in an action of damages for the loss of a son killed when in the defender's employment, the employment being denied.
William Good, collier, sued John Christie, coal-master, for damages sustained by reason of the death of his son, a boy aged between twelve and thirteen years, which he alleged took place through the fault of the defender, or those for whom he is responsible, when his son was in the defender's employment. Various defences were stated, and inter alia it was denied that when the deceased met his death he was in the employment of the defender. The case was in the roll to-day for the adjustment of an issue. The defender maintained that the pursuer was bound to put the question of employment directly in issue. The pursuer's proposed issue only alluded to this matter parenthetically. It was stated that this question had arisen in the case of Crop v. Brown & Rennie on 8th March 1864, and that Lord Ormidale had in that case adjusted an issue in which the question of employment was put directly before the jury. Lord Barcaple thought that this should be done in this case also; and the issue was accordingly adjusted as proposed by the defender.
Counsel for Pursuer— Mr Scott and Mr F. W. Clark. Agent— Mr D. F. Bridgeford, S.S.C.
Counsel for Defender— Mr Shand and Mr MacLean. Agent— Mr John Leishman, W.S.
