Scottish Court of Session Decisions

Walter Cunningham, labourer, asked to be admitted to the benefit of the poors’ roll, for the purpose of enabling him to raise an action of damages, for the death of his son, against the proprietors of a brickfield, in whose employment his son was working at the time of his death. The reporters on the probabilis causa reported in favour of the petitioner.

A. Nicolson, for the petitioner, grounded his application on poverty and ill-health. The petitioner was now earning 14s. a week; he had four children, two of whom, respectively nine and eleven years of age, were dependent on him for support. The petitioner's health was bad, and his income therefore precarious.

John Marshall, for defenders, opposed.

The Court unanimously refused the application.