Connelly v. Trustees of the Clyde Navigation [1902] ScotLR 40_14 (16 October 1902)

Connelly v. Trustees of the Clyde Navigation [1902] ScotLR 40_14 (16 October 1902)

The bill of exceptions was incompetent in form as it failed to set out the circumstances and purport of evidence required by section 35 of the Court of Session Act 1868; the jury direction on control was legally correct and unexceptionable.

Citation
[1902] ScotLR 40_14
Parties
Pursuer: John Connelly; Defenders: Trustees of the Clyde Navigation
Jurisdiction
Scotland
Judgment Date
16 October 1902
Procedural Posture
Jury Trial / Bill of Exceptions Post Verdict
Outcome
bill of exceptions refused; verdict for defenders applied; defenders assoilzied; defenders entitled to expenses
Legal Topics
Bill of Exceptions, Vicarious Liability, Control Test, Court of Session Act 1868 Section 35
Civil Liability Employment Law Procedural Law Bill of Exceptions Vicarious Liability Control Test Court of Session Act 1868 Section 35

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

Parties

John Connelly

Pursuer

Trustees of the Clyde Navigation

Defenders

Procedural Posture

Jury Trial / Bill of Exceptions Post Verdict

Legal Issues

  1. 1 Whether the bill of exceptions complied with section 35 of the Court of Session Act 1868
  2. 2 Whether the jury direction on control and employment was legally correct
  3. 3 Whether leave should be granted to amend the bill by printing notes of evidence

Ratio Decidendi

The bill of exceptions was incompetent in form as it failed to set out the circumstances and purport of evidence required by section 35 of the Court of Session Act 1868; the jury direction on control was legally correct and unexceptionable.

Court Disposition

bill of exceptions refused; verdict for defenders applied; defenders assoilzied; defenders entitled to expenses

Orders

  • Refused leave to print notes of evidence
  • Refused bill of exceptions