Appellant's Case Page 17

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of causing fatal, or at least serious, injury if care was not taken in its manufacture, is also a ground for maintaining that a duty of care was imposed on the manufacturer. Provided such a duty exists, the relevancy of the Appellant's averments of a breach of said duty is not challenged.

    On the whole matter the Appellant respectfully submits that the judgment of their Lordships of the Second Division of the Court of Session ought to be reserved, and that for the following among other

R E A S O N S

1. Because the facts and circumstances averred by the Appellant in her Condescendence disclose a relevant cause of action and entitle her to have her case remitted to proof.

2. Because the parties being at variance concerning the facts of the case the same should be remitted to probation;

and

3. Because the Interlocutor appealed from is erroneous in point of law.

GEO. MORTON

W. R. MILLIGAN