M'Innes v. Ayr Harbour Trustees and Another [1902] ScotLR 40_24 (21 October 1902)

M'Innes v. Ayr Harbour Trustees and Another [1902] ScotLR 40_24 (21 October 1902)

In actions framed for joint and several liability, the jury's apportionment of damages is incompetent but does not invalidate the verdict; in conjoined actions with separate claims against each defender, the jury may apportion damages as invited by the issue and schedule.

Citation
[1902] ScotLR 40_24
Parties
Pursuer: Mrs Sarah M'Phail or M'Innes; Pursuer: Jessie Ford (executrix of Helen Ford or M'Innes); Defender: Ayr Harbour Trustees; Defender: Home Trade Steam Carrying Company, Limited
Jurisdiction
Scotland
Judgment Date
21 October 1902
Procedural Posture
Civil Damages Action / Post Jury Verdict, Motion to Apply Verdict
Outcome
verdicts applied; motions to set aside refused
Legal Topics
Apportionment of Damages, Joint and Several Liability, Jury Trial, Verdict Application
Tort Civil Procedure Apportionment of Damages Joint and Several Liability Jury Trial Verdict Application

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Parties

Mrs Sarah M'Phail or M'Innes

Pursuer

Jessie Ford (executrix of Helen Ford or M'Innes)

Pursuer

Ayr Harbour Trustees

Defender

Home Trade Steam Carrying Company, Limited

Defender

Procedural Posture

Civil Damages Action / Post Jury Verdict, Motion to Apply Verdict

Legal Issues

  1. 1 Whether a jury can apportion damages between defenders in actions with joint and several liability
  2. 2 Whether an incompetent apportionment by the jury invalidates the verdict
  3. 3 Whether, in conjoined actions with separate claims, the jury can apportion damages

Ratio Decidendi

In actions framed for joint and several liability, the jury's apportionment of damages is incompetent but does not invalidate the verdict; in conjoined actions with separate claims against each defender, the jury may apportion damages as invited by the issue and schedule.

Court Disposition

verdicts applied; motions to set aside refused

Orders

  • In the action by Mrs Sarah M'Phail or M'Innes, verdict applied and defenders decerned jointly and severally for £110.
  • In the action by Jessie Ford (executrix), verdict applied and Ayr Harbour Trustees decerned for £150, Home Trade Steam Carrying Company, Limited for £75.