Scottish Court of Session Decisions

This was an action of damages for personal injuries. The pursuer averred that while in the employment of the defenders, within their shipbuilding-yard at Leith, or in the service of two parties named who had contracted with the defenders for the rivetting of a ship in process of construction, he was injured by the fall of certain iron plates, which took place in consequence of either the defective condition of the barrel of the winch by which they were lowered into the hold of the vessel, and which was supplied by the defenders, or of an improper mode of carrying on the work. The defenders denied that the pursuer was in their employment, that the winch was defective, or that their mode of work was improper, and averred that the pursuer was in the employment of independent contractors, the parties named.

The action was laid alternatively at common law and under the Employers Liability Act 1880, was raised in the Sheriff Court at Edinburgh, and was appealed by the pursuer to the Court of Session for trial by jury.

The pursuer proposed this issue—“Whether the pursuer while working in the defenders' works, Leith Docks, was on or about the 10th day of February 1885 injured by the fall of certain plates through the fault of the defender, to the loss, injury, and damage of the pursuer.”

The defenders objected to this issue, and contended that it should read—“Whether the pursuer, while working in the employment of the defenders, in their works at Leith Docks,” &c. They cited Morrison v. Baird & Co., Dec. 2, 1882, 10 R. 271.