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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dempsey v. E. & G. Railway Co. [1866] ScotLR 2_169 (5 July 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0169.html
Cite as: [1866] ScotLR 2_169, [1866] SLR 2_169

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SCOTTISH_SLR_Court_of_Session

Page: 169

Court of Session Inner House First Division.

Thursday, July 5. 1866

2 SLR 169

Dempsey

v.

E. & G. Railway Company.

Subject_1Jury Trial
Subject_2Special Jury.

Facts:

Motion by a party for a special jury refused.

Headnote:

This case was set down for trial at the ensuing sittings. It is an action of damages for injury sustained through the alleged fault of a railway company.

Judgment:

The Solicitor-General for the defenders ( Blackburn with him) moved for a special jury to try the case. There was no particular reason why it should be so tried, except that it was a case against a railway company; but the Court were in use to grant such a motion if made by either party. The railway company were willing to pay any additional expense thereby caused.

Cattanach for the pursuer opposed the motion.

The Court refused it. There was no reason assigned for it, and as cases to be tried by a special jury had to be set down for a particular day and then tried, the arrangements of the Court for the sittings would be interfered with.

Solicitors: Agent for Pursuer— Alexander Wylie, W.S.

Agents for Defender— Hill, Reid, & Drummond, W.S.

1866


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URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0169.html