Cases Decided in the Court of Session, and Also in the Justiciary and House of LordsT. & T. Clark, 1907 |
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Page 2
... seems to me that the question whether or not one side or the other has acted reasonably in a particular case is a question of fact in that particular case . If I were an arbitrator I should say as a question of fact that in most cases ...
... seems to me that the question whether or not one side or the other has acted reasonably in a particular case is a question of fact in that particular case . If I were an arbitrator I should say as a question of fact that in most cases ...
Page 11
... seems to me to amount to this , Lord that in no circumstances can freestone be a mineral within the meaning of the statute . I cannot accept that proposition . It is always a question of fact . I think myself it is very seldom that ...
... seems to me to amount to this , Lord that in no circumstances can freestone be a mineral within the meaning of the statute . I cannot accept that proposition . It is always a question of fact . I think myself it is very seldom that ...
Page 66
... seems to me the evidence shows this . An experienced witness , Mr Maloney , states that it was about the biggest ... seem that they could not do this without going on loading notwith- standing the state of the weather ( Appendix , p ...
... seems to me the evidence shows this . An experienced witness , Mr Maloney , states that it was about the biggest ... seem that they could not do this without going on loading notwith- standing the state of the weather ( Appendix , p ...
Page 78
... seems to me to be a compendious expression . meaning inability to earn wages , or full wages , as the case may be , at the work in which the injured workman was employed at the time of the acci- dent . But whether that be so or not , it ...
... seems to me to be a compendious expression . meaning inability to earn wages , or full wages , as the case may be , at the work in which the injured workman was employed at the time of the acci- dent . But whether that be so or not , it ...
Page 111
... seems entirely in line with the institutional and other authorities which I have cited . But the Second Division ... seem to me to have been well warranted . It is not necessary in this case to go further and to say whether the cases of ...
... seems entirely in line with the institutional and other authorities which I have cited . But the Second Division ... seem to me to have been well warranted . It is not necessary in this case to go further and to say whether the cases of ...
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Common terms and phrases
accident accordingly action alleged appeal apply Argued averred back-to-back houses bill British Linen Bank Burgh Police Scotland Campbell castle Chalmers charge charter charter-party circumstances claim clause Coal Company competent complainer contract Corporation Court of Session damages Dean of Guild deceased decision decree defenders demurrage discharge Division Dunstaffnage duty dwelling-house employers employment entitled evidence expenses fact favour fund Glasgow ground held injury interlocutor judgment liable liferent Limited Lord Dundas Lord Guthrie Lord Johnston Lord Kinnear Lord Ordinary Lord President Lord Salvesen Lordships Macph Magistrates marriage-contract matter meaning milk opinion parties payment person present proof proved provision purpose pursuer Railway reason reclaiming referred regard remitted respect respondents Richard Lees Scotland settlement Sheriff Court Sheriff Courts Scotland Sheriff-substitute statute statutory Stirling street testator tion trust-estate trustees Vict words workman
Popular passages
Page 180 - And the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 22 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any person entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer nor engaged in his work.
Page 80 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
Page 371 - Where any person sustains any damage by reason of the exercise of any of the powers of this Act...
Page 457 - And for and in respect of all interest of money, annuities, and other annual profits and gains not charged by virtue of any of the other schedules contained in this Act...
Page 22 - An Act to extend and regulate the Liability of Employers to make Compensation for Personal Injuries suffered by Workmen in their service.
Page 297 - ... be a dwelling-house so dangerous or injurious to health as to be unfit for human habitation...
Page 67 - 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 81 - ... in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earn ing or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper.
Page 60 - Act applies, by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Act unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, the said rules as regulations for the working of the mine, to prevent such contravention or non-compliance.