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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Solway Junction Railway Co. v. Glasgow & South-Western Railway Co [1873] ScotLR 10_442 (4 June 1873) URL: http://www.bailii.org/scot/cases/ScotCS/1873/10SLR0442.html Cite as: [1873] SLR 10_442, [1873] ScotLR 10_442 |
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Page: 442↓
In a case where a proof was rendered necessary by the incorrect averments of one of the parties to an action,— held, that though successful on the whole case, they were not entitled to the expenses of the proof.
In this case, which arose out of certain traffic arrangements between these two companies, the Glasgow and South-Western denied various averments made on the other side, and thereby rendered a proof necessary. The Lord Ordinary found for the defenders, and the pursuers reclaimed. The Court adhered to the Lord Ordinary's interlocutor, but refused to allow the defenders the expenses of the proof, which had been rendered necessary solely by their fault.
Counsel for Solway Junction Co.— Watson and Mackay. Agents— T. & R. B. Ranken, W.S.
Counsel for Glasgow & South-Western Co.—Solicitor-General ( Clark) and Balfour. Agents— Gibson-Craig, Dalziel & Brodies, W.S.
