Frame v. Caledonian Railway Co. [1913] ScotLR 67 (26 November 1913)

Frame v. Caledonian Railway Co. [1913] ScotLR 67 (26 November 1913)

The application for leave to appeal was refused because the matter was one of procedure and discretion, not of substantive right or general law, and the Lord Ordinary had stated sufficient grounds for refusing a jury trial, which the Court would not disturb.

Citation
[1913] ScotLR 67
Parties
Pursuer: Gregor Macgregor Frame; Defenders: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
26 November 1913
Procedural Posture
Petition for Leave to Appeal / Application for Leave to Appeal to House of Lords After Refusal of Jury Trial and Reclaiming Note
Outcome
Petition for leave to appeal refused
Legal Topics
Proof or Jury Trial, Leave to Appeal, Discretion of Court, Personal Injury, Damages
Civil Procedure Proof or Jury Trial Leave to Appeal Discretion of Court Personal Injury Damages

Case Brief

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Parties

Gregor Macgregor Frame

Pursuer

Caledonian Railway Company

Defenders

Procedural Posture

Petition for Leave to Appeal / Application for Leave to Appeal to House of Lords After Refusal of Jury Trial and Reclaiming Note

Legal Issues

  1. 1 Whether leave to appeal to the House of Lords should be granted against interlocutors refusing a jury trial and appointing proof before the Lord Ordinary
  2. 2 Whether the Court or Lord Ordinary has discretion to refuse a jury trial in an action for damages for personal injury absent 'special cause'

Ratio Decidendi

The application for leave to appeal was refused because the matter was one of procedure and discretion, not of substantive right or general law, and the Lord Ordinary had stated sufficient grounds for refusing a jury trial, which the Court would not disturb.

Court Disposition

Petition for leave to appeal refused

Orders

  • Petition for leave to appeal to the House of Lords refused