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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Little v. North British Railway Co [1877] ScotLR 14_608 (5 July 1877)
URL: http://www.bailii.org/scot/cases/ScotCS/1877/14SLR0608.html
Cite as: [1877] ScotLR 14_608, [1877] SLR 14_608
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SCOTTISH_SLR_Court_of_Session
Page: 608↓
Court of Session Inner House First Division.
v.
Facts:
In an action brought against a railway company for damages for personal injury, the railway company pleaded that they were not liable, in respect that there was no contract of carriage between them and the pursuer at the time the accident occurred. The Lord Ordinary repelled this plea “in so far as directed to the relevancy of the action, and appoints the pursuer to lodge such issue or issues as he proposes within six days.” The defender reclaimed without obtaining leave. The pursuer objected to the competency of presenting a reclaiming note without leave at this stage. The Court held that this was an interlocutor “importing an appointment of proof” in the sense of the Act of Sederunt of 10th March 1870, sec 2.
Counsel for Pursuer— J. C. Smith. Agent— Thomas Lawson, S.S.C.
Counsel for Defender— Darling. Agent— Adam Johnstone, L.A.