M'Laughlan v. The Clyde Valley Electrical Power Co. [1905] ScotLR 43_25 (17 November 1905)

M'Laughlan v. The Clyde Valley Electrical Power Co. [1905] ScotLR 43_25 (17 November 1905)

The injuries alleged by the pursuer were deemed trifling and insufficiently definite to warrant a jury trial; accordingly, the case should be remitted to the Sheriff in accordance with established precedent.

Citation
[1905] ScotLR 43_25
Parties
Pursuer/appellant: William M'Laughlan; Defender/respondent: The Clyde Valley Electrical Power Company
Jurisdiction
Scotland
Judgment Date
17 November 1905
Procedural Posture
Appeal / Appeal for Jury Trial From Sheriff Court
Outcome
case remitted to Sheriff
Legal Topics
Damages, Negligence, Jury Trial, Procedural Remittal
Tort Personal Injury Damages Negligence Jury Trial Procedural Remittal

Case Brief

Summary, issues, holding and outcome

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Parties

William M'Laughlan

Pursuer/appellant

The Clyde Valley Electrical Power Company

Defender/respondent

Procedural Posture

Appeal / Appeal for Jury Trial From Sheriff Court

Legal Issues

  1. 1 Whether the injuries alleged by the pursuer warrant a jury trial
  2. 2 Whether the case should be remitted to the Sheriff due to the trifling nature of the injuries

Ratio Decidendi

The injuries alleged by the pursuer were deemed trifling and insufficiently definite to warrant a jury trial; accordingly, the case should be remitted to the Sheriff in accordance with established precedent.

Court Disposition

case remitted to Sheriff

Orders

  • Case sent back to the Sheriff for further proceedings.