M'Coll v. J. & A. Gardner & Co.

Held that an appeal by the pursuer for jury trial under the provisions of the Judicature Act 1825, Sec. 40, was Page: 328 ↓

Mrs Catherine M'Coll, a widow, raised in the Sheriff Court at Glasgow against J. & A. Gardner & Company, quarrymasters, Glasgow, an action for £500 as damages at common law, or alternatively £175, 10s. as damages under the Employers Liability Act 1880, on account of the death of her son John M'Coll while in the employment of the defenders on 14th February 1896.

The pursuer averred, inter alia —“(Cond. 9) The pursuer caused notice of the death of the said John M'Coll to be given on the 17th of March 1896 in terms of the Employers Liability Act 1880.”

The defenders denied liability, and pleaded, inter alia —“(1) The action is irrelevant. (8) The pursuer not having given notice to the defenders as required by statute, the action so far as laid under the statute should be dismissed.”

On 7th June 1897 the Sheriff-Substitute ( Balfour ) pronounced the following interlocutor:—“ Ante omnia allows the parties a proof of their averments as to whether the notice required by the statute was sent to and received by the defenders, and assigns Monday 26th July next at 10 a.m. as the diet.”