§ MR. FENWICK (Northumberland, Wansbeck)
I beg to ask the Secretary of State for the Home Department whether his attention has been called to the case of "Metcalf v Holden Brothers, "which was decided in the Clitheroe County Court on the 2nd of December last: whether such decision is in accordance with the provisions of "The Employer's and Workmen's Act, 1875," Clause 11, Section 3; and whether he is aware that an application for permission to appeal against the said verdict was refused?
§ THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Mr. ASQUITH, Fife, E.)
My attention has been called to this case by the question of my hon. Friend, and I have made such inquiry as I could do at, short notice. A somewhat intricate point of law was involved, on which I myself should have thought that the case of "Warburton v. Heyworth," decided in 1880 by the Court of Appeal, pointed to a different decision from that given by the learned Judge. But I must point out to my hon. Friend that I have no jurisdiction to review or question the Judgments of County Court 387 Judges in any case. I understand that leave to appeal was refused.