Casey v. United Collieries, Ltd [1907] ScotLR 522 (12 March 1907)

Casey v. United Collieries, Ltd [1907] ScotLR 522 (12 March 1907)

The Court refused to set aside the jury's verdict because, although the damages were higher than the judges would have awarded, the sum was not so excessive that no reasonable jury could have awarded it. The assessment of damages is primarily a jury question, and there was evidence to support the jury's finding of permanent incapacity. The grounds for disturbing a verdict on quantum of damages must be stronger than mere disagreement with the amount.

Citation
[1907] ScotLR 522
Parties
Pursuer: Campbell Casey; Defender: United Collieries, Limited
Jurisdiction
Scotland
Judgment Date
12 March 1907
Procedural Posture
Civil Personal Injury / Motion for New Trial After Jury Verdict
Outcome
application for new trial refused; verdict affirmed
Legal Topics
Damages, Jury Verdict, Excessive Damages, New Trial, Reparation
Tort Personal Injury Damages Jury Verdict Excessive Damages New Trial Reparation

Case Brief

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Parties

Campbell Casey

Pursuer

United Collieries, Limited

Defender

Procedural Posture

Civil Personal Injury / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the jury's award of £750 in damages for personal injury was so excessive as to warrant setting aside the verdict and granting a new trial.

Ratio Decidendi

The Court refused to set aside the jury's verdict because, although the damages were higher than the judges would have awarded, the sum was not so excessive that no reasonable jury could have awarded it. The assessment of damages is primarily a jury question, and there was evidence to support the jury's finding of permanent incapacity. The grounds for disturbing a verdict on quantum of damages must be stronger than mere disagreement with the amount.

Court Disposition

application for new trial refused; verdict affirmed

Orders

  • Rule for new trial discharged.
  • Verdict for pursuer applied; defenders ordered to pay £750 to pursuer.