Scottish Court of Session Decisions

Subject_1Process
Subject_2Warrant to Cite Witnesses in England
Subject_3Affidavit
Subject_417 and 18 Vict.c.34 — Skilled Witnesses.
Facts:

Mrs Macdonald raised an action against the Highland Railway Company for payment of £3000 as damages for injuries alleged to have been sustained by her in an accident at Ballinluig on 17th July 1891. The defenders admitted the fact of the accident, and their liability for injuries caused thereby, but denied that the pursuer's ill-health, if it existed, was due thereto. The case having been set down for trial at the Winter Sittings, the defenders presented a note to the Court, wherein they stated that in November 1892 the pursuer, who resided at Wimbledon, had been medically examined on their behalf by two English doctors, and craved the Court to grant a warrant under the Act 17 and 18 Vict. c. 34, to cite the pursuer, the said doctors, and two nurses, also resident in England, said to have attended on the pursuer. No affidavit was lodged in support of the note.

The Court held (1) that an affidavit by the defenders' agent to the effect that the witnesses mentioned were necessary and material must be lodged

Page: 202↓

and sworn to; and that having been done, (2) refused to grant warrant for the citation of the doctors, on the ground that they were witnesses to matters of opinion and not to facts, but quoad ultra granted the prayer of the note.