Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Appellant’s Case

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Appellant's Case

RECORD
(As Amended)


Summons

4

Manufacturer, 8 Glen Lane, Paisley, — Defender; in terms of the Condescendence and Note of Pleas in Law hereunto annexed: Therefore the defender Ought and Should be Decerned and Ordained, by decree of the Lords of our Council and Session, to make payment to the pursuer of the sum of £500 sterling, with interest thereon at the rate of £5 per centum per annum from the date of the decree to follow hereon; together with the sum of £50 sterling, or such other sum as our said Lords shall modify, as the expenses of the process to follow hereon, conform to the laws and daily practice of Scotland, used and observed in the like cases as is alleged. — OUR WILL IS HEREFORE, &C.

  Summons signeted at Edinburgh, 9th April 1929.
  L. M. MACKENZIE, W.S.

HERBERT MACPHERSON, Solicitor.

Condescendence
and Answers
No. 1 of Pro.

2. - CONDESCENDENCE for PURSUER,
  AND
No. 5 of Pro. ANSWERS thereto for DEFENDER.
 

    COND. I. The pursuer is employed as a shop assistant, and resides at 49 Kent Street, off London Road, Glasgow. The defender is an aerated-water manufacturer, and carries on business at Glen Lane, Paisley.

Ans. 1. The description of the defender is admitted.
Quoad ultra not known and not admitted.

    COND. II. At or about 8.50 p.m. on or about 26th August 1928, the pursuer was in the shop occupied by Francis Minchella, and known as Wellmeadow Café, at Wellmeadow Place, Paisley, with a friend. The said friend ordered for the pursuer ice-cream, and ginger-beer suitable to be used with the ice-cream as an iced drink. Her friend, acting as aforesaid, was

Appellant's Case Page 4