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Darling (Pauper) v Gray and Sons: HL 31 May 1892

A workman died during the progress of an action of damages which he had brought against his employers for injuries sustained in their service, and his mother, as his executrix, was sisted as pursuer in the action. The mother afterwards brought an action of damages as an individual against her son’s employers for the loss caused to herself by the death of her son. Held; (aff judgment of the Second Division) that this second action was incompetent.

Judges:

Lord Chancellor, Lord Watson, Lord Herschell, Lord Morris, and Lord Field

Citations:

[1892] UKHL 910, 29 SLR 910

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury

Updated: 28 May 2022; Ref: scu.634556

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