Category: Scotland

Kirk v Lochgelly Iron and Coal Co, Ltd: SCS 25 Jan 1916

The widow of a workman who had died of an accident arising out of and in the course of his employment, on the evening of the day of his death, which took place on 28th December, informed a delegate of her husband’s union of the accident and death, and left the matter of compensation in his hands. The union officials, however, did not give notice of the accident till 6th January, and in the meantime the body had been interred. Held that notice had not been given as soon as practicable, and that there was no reasonable cause for delay, but that there was evidence on which the arbiter was entitled to find that the employers had not suffered prejudice by the delay.

Citations:

[1916] SLR 270

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury

Updated: 23 April 2022; Ref: scu.618263

Williamson v North of Scotland and Orkney and Shetland Steam Navigation Co: SCS 18 Dec 1915

In an action at the instance of a passenger on a passenger steamer against the owners for damages for personal injuries sustained by him on the return voyage, the defenders pleaded that any liability on their part was excluded by the conditions printed on the face of the ticket issued to and accepted by the pursuer. The Court ( rev. judgment of Lord Anderson, Ordinary, allowing an issue and a counter-issue) remitted the cause to the Lord Ordinary to allow a proof before answer.

Citations:

[1915] SLR 241

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury

Updated: 23 April 2022; Ref: scu.618255

Adamson v Martin: SCS 4 Jan 1916

A minor accused of theft was liberated without hail on his mother undertaking that he would attend the pleading diet. Immediately after being liberated two police sergeants caused him to be photographed, and imprints of his fingers to be taken, in order that these might be retained by the criminal authorities and placed in an album and register of criminals. Neither his own nor his mother’s consent was asked or obtained, nor was his mother allowed to accompany him to the room where the photograph and imprints were taken, though she asked leave to do so. The charge against him was subsequently found ‘not proven.’ In an action by him against the Chief-Constable, in whose custody the photograph and imprints were, to deliver to the pursuer the photograph and imprints, or, alternatively, to have them destroyed, and for damages, he averred that the police had acted in obedience to the defender’s instructions and with his authority. Held (1) that the photograph and imprints had been taken without legal warrant, and that the pursuer was entitled to have them destroyed, but (2) (diss. Lord Salvesen) that a mere averment of general instructions was insufficient, and that the conclusion for damages was therefore irrelevant.

Citations:

[1916] SLR 237

Links:

Bailii

Jurisdiction:

Scotland

Police

Updated: 23 April 2022; Ref: scu.618257

Rowtor Steamship Co, Ltd v Love and Stewart, Ltd: SCS 7 Dec 1915

A printed charter-party for the carriage of timber, with written additions. contained the following clause, a marginal note being given in small type and the writing in italics:-‘ Memo.-Owners may arrange for a fixed average number of standards per day for loading and/or discharging. 3. The cargo is to be loaded at the rate of 125 fathoms daily and discharged at the rate of 125 fathoms daily, reversible, with customary steamship dispatch, as fast as the steamer can receive and deliver, during the ordinary working hours of the respective ports, but according to the custom of the respective ports, Sundays, general or local holidays (unless used) in both loading and discharging excepted. Should the steamer be detained beyond the time stipulated as above for loading or discharging, demurrage shall be paid at 5 d. p. n.r. ton per day, and pro rata for any part thereof. The cargo to be brought and taken from alongside the steamer at charterer’s risk and expense, as customary. The master has liberty to bring iron or other deadweight as ballast from the loading or any other port.’

Held that, it being conceded that the words ‘with customary steamship dispatch as fast as the steamer can receive and deliver during the ordinary working hours of the respective ports’ must be deleted as being inconsistent with the written portion of the clause, the words ‘but according to the custom of the respective ports,’ even if they also were not to be held pro non scripto, only applied to the means or method of loading or discharging, and did not include the local custom of a port whereby wet days and Saturday afternoons were excepted.

A charter-party contained a clause whereby the charterers had the right of slumping together the total lay-days, and were not liable for demurrage if in the processes of loading and discharging they did not exceed the total number of lay-days. The charterers purchased the cargo from the shipper. At the port of delivery they presented bills of lading on which were written the words ‘thirteen days used for loading.’ Only nine days had actually been used for loading, the master having made an allowance to the shipper in respect of four days saved by expeditious loading. The charterers Knew of this. In an action for demurrage by the owners of the vessel against the charterers, held that the defenders were bound by the terms of the bills of lading and were not absolved from the pursuers’ claim for demurrage in respect of the four days not actually used for loading.

Opinion per Lord Salvesen and Lord Guthrie that the agent of the charterers had authority as such to bargain with the master of the vessel that if less time was actually taken for loading than the stipulated number of days fixed by the charter-party, the master should pay for such dispatch on the footing that the days saved and paid for should not be added to the lay-days fixed for discharge.

Citations:

[1915] SLR 280

Links:

Bailii

Jurisdiction:

Scotland

Transport

Updated: 23 April 2022; Ref: scu.618251

Johnson v Tillie, Whyte, and Co: SCS 12 Jan 1916

The defenders in an action for payment of an account pleaded compensation, and founded on a debt which came admittedly under the provisions of the Act 1579, c. 83. The defenders were therefore limited to writ or oath on reference in proving the constitution and resting-owing of this debt, and in proof they founded upon letters of the pursuer, the last of which was dated within the period when prescription was running. The writs established the constitution of a debt. The pursuer averred that they instructed an agreement whereby the defenders agreed to accept goods of the pursuer in full settlement of their counter-claim. The defenders averred that the agreement was to accept merely the amount the goods realised in reduction pro tanto of their counter-claim. Held ( dis. Lord Johnston; sus. Lord Ordinary Hunter) that the writs though dated within the triennium were competent to prove the resting-owing of the debt, that they proved resting-owing, and that, the plea of prescription being elided by the writs produced, the parties should be allowed a proof habili modo of their respective averments,

Citations:

[1916] SLR 181

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 23 April 2022; Ref: scu.618262