Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0633.html
Cite as: [1868] SLR 5_633, [1868] ScotLR 5_633

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SCOTTISH_SLR_Court_of_Session

Page: 633↓

Court of Session Inner House First Division.

Thursday, July 2. 1868.

5 SLR 633

Simons & Company

v.

Burns.

Subject_1Reparation
Subject_2Master and Servant
Subject_3Machinery.
Facts:

A master held liable to a servant in damages for injury through insufficient machinery.

Headnote:

John Burns, labourer, brought an action of damages in the Sheriff-court of Renfrewshire, against William Simons & Company, engineers, founders, and shipbuilders, London Works, Renfrew, claiming compensation for injuries sustained through the culpable negligence of the defenders in failing to provide sufficient mooring apparatus at their building yard, where Burns was at the time employed. The Sheriff-substitute ( Cowan) held that the accident was owing to the fault of the defenders, and assessed the damages at £200. The Sheriff ( Fraser) adhered. The defenders advocated.

Judgment:

Lancaster for advocators.

Shand and R. V. Campbell for respondent.

The Court adhered.

Lord Deas thought this was a mere question of fact, and that the result of the whole proof was that it was the duty of the master to provide a proper post to which the rope might be attached, and that that duty had not been performed, there being either no post at all, or else such a remnant of a post as to be altogether insufficient for the purpose.

The Lord President and Lord Ardmillan concurred.

Lord Curriehill absent.

Solicitors: Agents for Advocators— Wilson, Burn, & Gloag, W.S.

Agent for Respondent— J. D. Bruce, S.S.C.

1868

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