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This was an action of damages (at common law and under the Employers Liability Act 1880) at the instance of Charles Irwin against the Dennystown Forge Company, Glasgow.
The pursuers supported the judgment of the Sheriff, arguing that the bolt might have been used for “driving” and so strained, and that if it had been tested this would have been discovered.
The other circumstance I regret is, that when the case is fairly tried without any miscarriage Page: 381 ↓
I am therefore for dismissing the appeal and affirming the judgment for the moderate amount he has given to this suffering workman.
Lord Rutherfurd Clark —I have very great difficulty in seeing any evidence of fault against the defenders in this case, but, as your Lordships are of opinion that there is, I suppose I am wrong. At all events, I am not sorry that the pursuer in this case gets his decree.
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