Traill & Sons v. Actieselskabat Dalbeattie Ltd [1904] ScotLR 41_614 (07 June 1904)

Traill & Sons v. Actieselskabat Dalbeattie Ltd [1904] ScotLR 41_614 (07 June 1904)

A claim for damages for personal injury is assignable under Scots law, and the assignee, having compensated the original claimants, has title to sue in their own name. The pursuers' averments, if proved, disclose a relevant case of negligence against the defenders for supplying defective equipment, justifying inquiry into the facts.

Citation
[1904] ScotLR 41_614
Parties
Pursuer: Traill & Sons; Defender: Actieselskabat Dalbeattie Limited
Jurisdiction
Scotland
Judgment Date
07 June 1904
Procedural Posture
Civil / Interlocutory Appeal (relevancy and Title to Sue)
Outcome
Defenders' pleas repelled; case remitted for proof of averments.
Legal Topics
Negligence, Liability of Shipowners, Assignability of Delictual Claims, Title to Sue, Employer's Right of Relief
Tort Reparation Personal Injury Assignment of Claims Negligence Liability of Shipowners Assignability of Delictual Claims Title to Sue +1 more

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Parties

Traill & Sons

Pursuer

Actieselskabat Dalbeattie Limited

Defender

Procedural Posture

Civil / Interlocutory Appeal (relevancy and Title to Sue)

Legal Issues

  1. 1 Is a claim for damages for personal injury assignable under Scots law?
  2. 2 Does an assignee of such a claim have title to sue in their own name?
  3. 3 Do the averments disclose a relevant case of negligence against the shipowners for supplying defective tackle?

Ratio Decidendi

A claim for damages for personal injury is assignable under Scots law, and the assignee, having compensated the original claimants, has title to sue in their own name. The pursuers' averments, if proved, disclose a relevant case of negligence against the defenders for supplying defective equipment, justifying inquiry into the facts.

Court Disposition

Defenders' pleas repelled; case remitted for proof of averments.

Orders

  • Repel the first and second pleas-in-law for the defenders.
  • Remit to the Lord Ordinary to allow parties a proof of their respective averments and to the pursuers a conjunct probation.