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Subject_1 Reparation Subject_2 Ship Subject_3 Accident to Dock Labourer on Board Ship Subject_4 Action against Managing Owner — Relevancy. Facts: A dock labourer was injured while working on board the “B. H.,” which was being discharged at Glasgow. He brought an action of damages against H. & Company, who, he averred, were “managing owners” of the vessel. An excerpt from the Register of Shipping was produced which showed that H. & Company were not the registered owners of the “B. H.”
Bernard M'Lauchlan, dock labourer, 69 Piccadilly Street, Anderston, Glasgow, brought an action of damages for personal injuries against H. Hogarth & Son, shipowners, 24 St Enoch's Square, Glasgow.
The defenders pleaded—“(1) The averments of the pursuer not being relevant or sufficient to sustain his pleas, the action should be dismissed with expenses.”
The defenders produced an excerpt from the Register of Shipping which disclosed the fact that the Kelvin Shipping Company, Limited, Glasgow, were the registered owners of the “Baron Herries.”
On 29th November 1910 the Sheriff-Substitute ( Welsh ) before answer allowed the parties a proof of their averments.
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