Duncan v. Fife Coal Co., Ltd [1905] ScotLR 42_822 (15 July 1905)

Duncan v. Fife Coal Co., Ltd [1905] ScotLR 42_822 (15 July 1905)

A notice of injury under the Employers' Liability Act 1880, delivered at the employer's office and addressed within to the company, is valid service even if the envelope is addressed to the cashier in charge of the office. Such questions of notice are prejudicial pleas and must be determined before allowing proof on the merits.

Citation
[1905] ScotLR 42_822
Parties
Pursuer: James Duncan; Defender: Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
15 July 1905
Procedural Posture
Reparation (personal Injury) / Bill of Exceptions Following Jury Trial and Verdict
Outcome
bill of exceptions refused; verdict for pursuer applied; decree for damages and expenses granted
Legal Topics
Employers' Liability, Service of Notice, Prejudicial Pleas, Jury Trial Procedure
Tort Law Employment Law Procedural Law Employers' Liability Service of Notice Prejudicial Pleas Jury Trial Procedure

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Parties

James Duncan

Pursuer

Fife Coal Company, Limited

Defender

Procedural Posture

Reparation (personal Injury) / Bill of Exceptions Following Jury Trial and Verdict

Legal Issues

  1. 1 Whether notice of injury served in an envelope addressed to the company's cashier satisfies statutory requirements under the Employers' Liability Act 1880.
  2. 2 Whether questions of defective notice are prejudicial pleas to be decided before proof on the merits.

Ratio Decidendi

A notice of injury under the Employers' Liability Act 1880, delivered at the employer's office and addressed within to the company, is valid service even if the envelope is addressed to the cashier in charge of the office. Such questions of notice are prejudicial pleas and must be determined before allowing proof on the merits.

Court Disposition

bill of exceptions refused; verdict for pursuer applied; decree for damages and expenses granted

Orders

  • exceptions disallowed
  • verdict for pursuer applied