M'Quilkin v. The Glasgow District Subway Co. [1902] ScotLR 39_328 (24 January 1902)

M'Quilkin v. The Glasgow District Subway Co. [1902] ScotLR 39_328 (24 January 1902)

A third trial should not be granted where two juries have found for the pursuer on substantially the same evidence in a pure question of fact, and the pursuer is entitled to the expenses of both trials as the successful party.

Citation
[1902] ScotLR 39_328
Parties
Pursuer: Mrs Sarah M'Corkindale or M'Quilkin; Defender: The Glasgow District Subway Company
Jurisdiction
Scotland
Judgment Date
24 January 1902
Procedural Posture
Damages for Personal Injuries / Motion for New Trial After Second Jury Verdict
Outcome
Motion for new trial refused; pursuer awarded damages and expenses.
Legal Topics
Jury Trials, New Trial, Damages, Expenses, Contrary to Evidence
Civil Procedure Tort Law Jury Trials New Trial Damages Expenses Contrary to Evidence

Case Brief

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Parties

Mrs Sarah M'Corkindale or M'Quilkin

Pursuer

The Glasgow District Subway Company

Defender

Procedural Posture

Damages for Personal Injuries / Motion for New Trial After Second Jury Verdict

Legal Issues

  1. 1 Whether a third trial should be granted when two juries have found for the pursuer on substantially the same evidence
  2. 2 Whether the pursuer is entitled to expenses for both trials

Ratio Decidendi

A third trial should not be granted where two juries have found for the pursuer on substantially the same evidence in a pure question of fact, and the pursuer is entitled to the expenses of both trials as the successful party.

Court Disposition

Motion for new trial refused; pursuer awarded damages and expenses.

Orders

  • Refuse the motion for a rule to show cause why the verdict should not be set aside and a new trial granted.
  • Decern against the defenders for payment to the pursuer of the sum of fifty pounds sterling.