Kane v. Singer Manufacturing Co. [1904] ScotLR 41_571 (21 May 1904)

Kane v. Singer Manufacturing Co. [1904] ScotLR 41_571 (21 May 1904)

The appeal is competent by virtue of the binding precedent in Paton v. Niddrie and Benhar Coal Company, but any action under the Employers' Liability Act removed to the Court of Session is subject to the expense conditions in section 9(2) of the Sheriff Courts (Scotland) Act 1877, regardless of the statutory basis for removal.

Citation
[1904] ScotLR 41_571
Parties
Pursuer and Appellant: Archibald Kane; Defender and Respondent: The Singer Manufacturing Company
Jurisdiction
Scotland
Judgment Date
21 May 1904
Procedural Posture
Appeal / Appeal From Sheriff Court to Court of Session for Jury Trial
Outcome
appeal held competent
Legal Topics
Removal of Cause, Competency of Appeal, Employers' Liability Act, Sheriff Courts (scotland) Act, Expenses in Litigation
Civil Procedure Employment Law Removal of Cause Competency of Appeal Employers' Liability Act Sheriff Courts (scotland) Act Expenses in Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Archibald Kane

Pursuer and Appellant

The Singer Manufacturing Company

Defender and Respondent

Procedural Posture

Appeal / Appeal From Sheriff Court to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether an action under the Employers' Liability Act 1880 can be removed from the Sheriff Court to the Court of Session for jury trial under the Judicature Act 1825
  2. 2 Whether such removal is subject to the conditions as to expenses set forth in section 9(2) of the Sheriff Courts (Scotland) Act 1877

Ratio Decidendi

The appeal is competent by virtue of the binding precedent in Paton v. Niddrie and Benhar Coal Company, but any action under the Employers' Liability Act removed to the Court of Session is subject to the expense conditions in section 9(2) of the Sheriff Courts (Scotland) Act 1877, regardless of the statutory basis for removal.

Court Disposition

appeal held competent

Orders

  • Appeal held competent; removal to Court of Session allowed subject to statutory conditions as to expenses.