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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Watt v. Menzies (ante, p. 124) [1866] ScotLR 1_194 (28 February 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0194.html
Cite as: [1866] SLR 1_194, [1866] ScotLR 1_194

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SCOTTISH_SLR_Court_of_Session

Page: 194

Court of Teinds Inner House Second Division.

Jury Trial.

(Before Lord Ormidale.)

1 SLR 194

Watt

v.

Menzies (ante, p. 124).

Subject_1Reparation
Subject_2Culpa.
Headnote:

In an action against an omnibus proprietor for personal injuries sustained by a passenger through the fault of the parties in charge of it—verdict for the pursuer.

In this case, in which Mrs Janet Watson or Watt is pursuer, and Andrew Menzies, coach and omnibus proprietor, Argyle Street, Glasgow, is the defender, the following is the issue sent to trial:—

“Whether, on or about 6th June 1865, and in or near Argyle Street, Glasgow, in consequence of the parties in charge of an omnibus belonging to the defender, in which the pursuer was travelling as a passenger, failing to take due precautions in setting her down from the said omnibus, she was knocked down and injured by another omnibus, through the fault of the defender, to her loss, injury, and damage.”

Damages laid at £300.

Judgment:

Lord Ormidale, in charging the jury, observed that he never saw a case more completely for a jury. There was no principle of law involved in the case in regard to which there was any dispute. The whole matter resolved itself into a question of fact as to the party on whom the fault of the accident lay. If the jury were satisfied that damages ought to be awarded, these must not be vindictive damages.

The jury, after having been absent for about an hour, returned a unanimous verdict for the pursuer. Damages, £50.

Counsel:

Counsel for the Pursuer— Mr Scott and Mr Brand. Agents— Messrs Macgregor & Barclay. W.S.

Counsel for the Defender—The Lord Advocate and Mr R. V. Campbell. Agents— Messrs Hamilton & Kinnear, W.S.

1866


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URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0194.html