Watson v. North British Railway Co. [1901] ScotLR 38_252 (12 January 1901)

Watson v. North British Railway Co. [1901] ScotLR 38_252 (12 January 1901)

The presence on the jury of a person employed by the defendant company, who had no direct interest in the subject matter or outcome and whose duties were unrelated to the incident, does not make it essential to the justice of the case to set aside a unanimous and just verdict, especially where no allegation is made that the verdict was contrary to evidence.

Citation
[1901] ScotLR 38_252
Parties
Pursuers: Mrs Helen Strang Nash or Watson and Miss Ruth Watson; Defenders: North British Railway Company
Jurisdiction
Scotland
Judgment Date
12 January 1901
Procedural Posture
Motion for New Trial in Civil Damages Action / Post Jury Verdict, Motion for New Trial
Outcome
Rule for new trial discharged; verdict applied.
Legal Topics
Jury Disqualification, New Trial, Bias of Juror, Damages for Wrongful Death
Civil Procedure Tort Law Jury Disqualification New Trial Bias of Juror Damages for Wrongful Death

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Helen Strang Nash or Watson and Miss Ruth Watson

Pursuers

North British Railway Company

Defenders

Procedural Posture

Motion for New Trial in Civil Damages Action / Post Jury Verdict, Motion for New Trial

Legal Issues

  1. 1 Whether the presence of a juryman employed by the defendant company makes it essential to the justice of the case to grant a new trial under section 6 of the Jury Trials (Scotland) Act 1815.

Ratio Decidendi

The presence on the jury of a person employed by the defendant company, who had no direct interest in the subject matter or outcome and whose duties were unrelated to the incident, does not make it essential to the justice of the case to set aside a unanimous and just verdict, especially where no allegation is made that the verdict was contrary to evidence.

Court Disposition

Rule for new trial discharged; verdict applied.

Orders

  • Motion for new trial refused.
  • Verdict for defenders stands.