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Mrs Christina Connell or M'Niven, with consent, pursuer , brought an action against the Corporation of Glasgow, defenders , concluding for decree for £500 in name of damages for personal injuries alleged to have been sustained by the pursuer owing to the negligence of the defenders' servants on one of their tramway cars on 2nd May 1919.
The warrant to cite the defenders was dated 3rd November 1919, and the summons was served on that date.
The defenders pleaded, inter alia —“1. This action not having been commenced within six months after the default complained of, it ought, under and in pursuance of the Public Authorities Protection Act 1893, to be dismissed.”
On 9th March 1920 the Sheriff-Substitute ( Boyd ) sustained the first plea-in-law for the defenders and dismissed the action.
A similar question arose in the case of Taylor v. Corporation of Glasgow , A 1062/ 1918, in which I sustained a similar plea for the defenders by interlocutor dated 21st March 1919, and I drew the attention of parties to it. But the agent for the pursuer desired to be heard, and argued that in deciding that case sufficient weight had not been given to the case of Hutton v. Garland , June 13th, 1883, 10 R. (J.) 60 , and M'Vean v. Jameson , January 8th, 1896, 23 R. (J.) 25 .
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