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John M'Kenna, Coatbridge, as tutor and administrator-in-law of his pupil son Anthony M'Kenna, pursuer , brought an action of damages in the Sheriff Court at Airdrie for £500 for personal injuries sustained by his son.
The defenders pleaded, inter alia —“2. The averments of the pursuer being irrelevant and insufficient to support the conclusions of his action, the action ought to be dismissed, with expenses.”
On 19th June 1923 the Sheriff-Substitute ( Macdiarmid ) sustained the second plea-in-law for the defenders and dismissed the action as laid as irrelevant.
Argued for the appellant—It was necessary to take into account all the circumstances before deciding whether the case was one for a jury— Reilly v. Greenfield Coal and Brick Company, Limited , 1909 S.C. 1328, 40 S.L.R. 902 Page: 230 ↓
Lord Anderson —The pursuer in this action is the father of a boy aged ten who sustained somewhat serious injuries in the West End Park, Coatbridge, on 14th August 1922. To obtain reparation for these injuries the pursuer has brought the present action of damages against the respondents as owners or lessees in the public interest of said park. The Sheriff-Substitute dismissed the action as irrelevant and the appeal has been taken against that judgment.
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