Stevenson v. North British Railway Co. [1905] ScotLR 42_768 (18 July 1905)

Stevenson v. North British Railway Co. [1905] ScotLR 42_768 (18 July 1905)

The contract between Stevenson and North British Railway Company was of an annual nature, tacitly renewed each year, and could not be terminated by three months' notice once the year had commenced; the pursuer was entitled to salary for the full year ending 31st October 1901.

Citation
[1905] ScotLR 42_768
Parties
Pursuer/respondent: D. M. Stevenson; Defender/appellant: North British Railway Company
Jurisdiction
Scotland
Judgment Date
18 July 1905
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal dismissed; judgment for pursuer affirmed
Legal Topics
Master and Servant, Agent and Principal, Tacit Relocation, Termination of Employment, Annual Contracts
Employment Law Contract Law Master and Servant Agent and Principal Tacit Relocation Termination of Employment Annual Contracts

Case Brief

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Parties

D. M. Stevenson

Pursuer/respondent

North British Railway Company

Defender/appellant

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the employment contract was terminable by three months' notice or was subject to tacit relocation for a yearly term
  2. 2 Whether the pursuer was entitled to salary for the full year ending 31st October 1901

Ratio Decidendi

The contract between Stevenson and North British Railway Company was of an annual nature, tacitly renewed each year, and could not be terminated by three months' notice once the year had commenced; the pursuer was entitled to salary for the full year ending 31st October 1901.

Court Disposition

appeal dismissed; judgment for pursuer affirmed

Orders

  • Defenders to pay pursuer £320, 16s. 8d. as salary for period 31st March to 31st October 1901
  • Interest to run from 31st October 1901