Mackie v. Davidson [1913] ScotLR 461 (25 February 1913)

Mackie v. Davidson [1913] ScotLR 461 (25 February 1913)

The Court held that the injuries and damages claimed were substantial, including serious personal injury, permanent disfigurement, nervous shock, and significant property loss, making the case suitable for jury trial and not appropriate for remit to the Sheriff Court.

Citation
[1913] ScotLR 461
Parties
Pursuer: William Thomas Mackie; Defender: Duncan Davidson
Jurisdiction
Scotland
Judgment Date
25 February 1913
Procedural Posture
Damages at Common Law for Personal Injury and Property Damage / Motion for Remit to Sheriff or Order for Jury Trial Issues in Court of Session
Outcome
Motion to remit to Sheriff refused; issues ordered for jury trial in Court of Session.
Legal Topics
Remit for Jury Trial, Sheriff Courts (scotland) Act 1907, Personal Injury, Damages
Civil Procedure Tort Law Remit for Jury Trial Sheriff Courts (scotland) Act 1907 Personal Injury Damages

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 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William Thomas Mackie

Pursuer

Duncan Davidson

Defender

Procedural Posture

Damages at Common Law for Personal Injury and Property Damage / Motion for Remit to Sheriff or Order for Jury Trial Issues in Court of Session

Legal Issues

  1. 1 Whether the case should be remitted back to the Sheriff Court or proceed to jury trial in the Court of Session under Sheriff Courts (Scotland) Act 1907, sec. 30
  2. 2 Whether the action is of a substantial character suitable for jury trial

Ratio Decidendi

The Court held that the injuries and damages claimed were substantial, including serious personal injury, permanent disfigurement, nervous shock, and significant property loss, making the case suitable for jury trial and not appropriate for remit to the Sheriff Court.

Court Disposition

Motion to remit to Sheriff refused; issues ordered for jury trial in Court of Session.

Orders

  • Court ordered issues for jury trial.