LEE AND ANOTHER v. PROPRIETORS OF HAY'S WHARF, LTD.

(1940) 67 Ll.L.Rep. 242

COURT OF APPEAL.

Before Lord Justice MacKinnon and Lord Justice Clauson.

Practice-Transfer of action from County Court to High Court-Discretion- Proceedings taken in County Court by plaintiffs (administrators of deceased workman killed by accident at wharf) against wharf-owners under Employers' Liability Act, 1880 - Common law action for negligence subsequently commenced by plaintiffs in High Court - Application by plaintiffs that proceedings under Employers' Liability Act should be transferred to High Court to be heard if necessary after common law action- Application granted by Master but disallowed on appeal by learned Judge- Discretion-Small Debts Act, 1846, Sect. 90-County Courts Act, 1888, Sect. 126-County Courts Act, 1934, Sect. 111.