Reid v. Morton [1902] ScotLR 39_313 (18 January 1902)

Reid v. Morton [1902] ScotLR 39_313 (18 January 1902)

The Court held that although insufficiency of damages is a competent ground for granting a new trial, the jury's award was not so unreasonable or perverse as to justify interference. The uncertainty of regular employment in dock labouring and lack of definite evidence of actual loss exceeding the sum awarded meant the verdict should stand.

Citation
[1902] ScotLR 39_313
Parties
Pursuer: James Reid; Defender: Robert Morton
Jurisdiction
Scotland
Judgment Date
18 January 1902
Procedural Posture
Action of Damages for Personal Injuries / Motion for New Trial Following Jury Verdict
Outcome
motion for new trial refused; verdict affirmed
Legal Topics
Damages, Personal Injury, Motion for New Trial, Jury Verdict, Insufficiency of Damages
Tort Civil Procedure Damages Personal Injury Motion for New Trial Jury Verdict Insufficiency of Damages

Case Brief

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Parties

James Reid

Pursuer

Robert Morton

Defender

Procedural Posture

Action of Damages for Personal Injuries / Motion for New Trial Following Jury Verdict

Legal Issues

  1. 1 Is insufficiency of damages a competent ground for granting a new trial?
  2. 2 Was the jury's award of £20 unreasonable or perverse given the evidence of wage loss and injury?
  3. 3 Should the verdict be set aside due to alleged miscarriage of justice?

Ratio Decidendi

The Court held that although insufficiency of damages is a competent ground for granting a new trial, the jury's award was not so unreasonable or perverse as to justify interference. The uncertainty of regular employment in dock labouring and lack of definite evidence of actual loss exceeding the sum awarded meant the verdict should stand.

Court Disposition

motion for new trial refused; verdict affirmed

Orders

  • rule discharged
  • verdict applied