Livingstone v. Strachan, Crerar, & Jones [1923] ScotLR 518 (23 June 1923)

Livingstone v. Strachan, Crerar, & Jones [1923] ScotLR 518 (23 June 1923)

The evidence of the driver's statement to Boyce was inadmissible hearsay, not competent under sec. 3 of the 1852 Act because the driver had not yet been examined and contradicted; a servant's statement is not equivalent to a party admission; the admission of this evidence could have prejudiced the jury and may have...

Source-derived case information.

Citation
[1923] ScotLR 518
Parties
Pursuer: Duncan Livingstone; Defenders: Strachan, Crerar, & Jones
Jurisdiction
Scotland
Judgment Date
23 June 1923
Procedural Posture
Civil Jury Trial (personal Injury, Damages) / Appeal on Bill of Exceptions After Jury Verdict
Outcome
verdict set aside; new trial ordered
Legal Topics
Admissibility of Hearsay, Statements by Servants, Precognition, Jury Trial Procedure, Pleadings and Proof, New Trial Standards
Evidence Civil Procedure Tort Admissibility of Hearsay Statements by Servants Precognition Jury Trial Procedure Pleadings and Proof +1 more

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Summary, issues, holding and outcome

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Parties

Duncan Livingstone

Pursuer

Strachan, Crerar, & Jones

Defenders

Procedural Posture

Civil Jury Trial (personal Injury, Damages) / Appeal on Bill of Exceptions After Jury Verdict

Legal Issues

  1. 1 Whether hearsay evidence of a statement by the defenders' driver to a skilled witness was admissible
  2. 2 Whether such a statement is equivalent to an admission by the party
  3. 3 Whether evidence inconsistent with the pleadings was properly admitted

Ratio Decidendi

The evidence of the driver's statement to Boyce was inadmissible hearsay, not competent under sec. 3 of the 1852 Act because the driver had not yet been examined and contradicted; a servant's statement is not equivalent to a party admission; the admission of this evidence could have prejudiced the jury and may have affected the verdict; therefore, the verdict must be set aside and a new trial granted.

Court Disposition

verdict set aside; new trial ordered

Orders

  • Verdict for pursuer set aside
  • New trial granted