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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Simpson v. Edinburgh and Glasgow Railway Co. [1865] ScotLR 1_88_3 (22 December 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0088_3.html
Cite as: [1865] ScotLR 1_88_3, [1865] SLR 1_88_3
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SCOTTISH_SLR_Court_of_Session
Page: 88↓
Court of Session Outer House.
v.
Facts:
Held (per Lord Kinloch) that by the statute amalgamating the Edinburgh and Glasgow Railway Co. with the North British Railway Co., the former company may be sued for a claim of damages arising before the date of amalgamation.
This is an action of damages for injuries received by the pursuer in consequence of a collision which took place at Haymarket Station on 22nd June last. The defenders in their defences admitted that the collision took place through their fault, but pleaded that they were not liable in damages, in respect all such claims were transferred against the North British Railway Company by their amalgamation with it on 1st August last. Lord Kinloch has repelled this defence, holding that by section 12 of the Amalgamation Act, 28 and 29 Vict., c. 308, the company still subsists for the purpose of enforcing payment of debts due to it and paying debts due by it prior to the date of amalgamation.
Counsel for Pursuer— Mr John Burnet. Agents— Messrs G. & H. Cairns, W.S.
Counsel for Defenders— Mr Blackburn. Agents— Messrs Hill, Reid, & Drummond, W.S.