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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Weir or Wilson v. Merry & Cunningham [1866] ScotLR 1_258 (5 April 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0258.html
Cite as: [1866] ScotLR 1_258, [1866] SLR 1_258
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SCOTTISH_SLR_Court_of_Session
Page: 258↓
Court of Session Inner House First Division.
(Before
v.
In this case, in which Mrs Euphemia Weir or Wilson, residing at Haughhead, near Hamilton, wife of the late Henry Wilson, miner, Woodhall, near Holytown, in the county of Lanark, was pursuer; and Messrs Merry & Cunningham, coal and iron masters in Glasgow, were defenders, the issue was as follows:—
“It being admitted that the defenders are the proprietors of the Haughhead pit, near Hamilton, in the county of Lanark:
Page: 259↓
“Whether, on or about the 25th day of November 1863, the deceased Henry Wilson, miner, Haughhead, the son of the pursuer, while engaged in the employment of the defenders as a miner in said pit, was killed by an explosion of firedamp, through the fault of the defenders—to the loss, injury, and damage of the pursuer?”
Damages laid at £400.
Evidence having been led on both sides, the jury, after an absence of two hours, returned a verdict for the pursuer—damages, £100.
Counsel for Pursuer— Mr E. S. Gordon and Mr Strachan. Agent— Mr Thomas White, S.S.C.
Counsel for Defenders— Mr A. B. Shand and Mr Robert MacLean. Agent— Mr John Leishman, W.S.