M'Coll v. The Alloa Coal, Co., Ltd [1909] ScotLR 465 (05 February 1909)

M'Coll v. The Alloa Coal, Co., Ltd [1909] ScotLR 465 (05 February 1909)

The Sheriff-Substitute gave erroneous directions to the jury on material questions of fact, including employment status and competence, which usurped the jury's role and were not supported by averments or evidence. The verdict cannot stand; a new trial is required.

Citation
[1909] ScotLR 465
Parties
Pursuer/respondent: Mrs Bridget O'Donnell or M'Coll; Defender/appellant: The Alloa Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
05 February 1909
Procedural Posture
Appeal / Post Jury Verdict, Inner House Second Division
Outcome
Appeal sustained; verdict set aside; new trial ordered; neither party entitled to expenses.
Legal Topics
Damages, Employer Liability, Jury Trial, Misdirection, Appeal, Expenses
Tort Employment Law Procedural Law Damages Employer Liability Jury Trial Misdirection Appeal +1 more

Case Brief

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Parties

Mrs Bridget O'Donnell or M'Coll

Pursuer/respondent

The Alloa Coal Company, Limited

Defender/appellant

Procedural Posture

Appeal / Post Jury Verdict, Inner House Second Division

Legal Issues

  1. 1 Whether the Sheriff-Substitute misdirected the jury in material respects
  2. 2 Whether the verdict should be set aside and a new trial ordered
  3. 3 Whether either party is entitled to expenses

Ratio Decidendi

The Sheriff-Substitute gave erroneous directions to the jury on material questions of fact, including employment status and competence, which usurped the jury's role and were not supported by averments or evidence. The verdict cannot stand; a new trial is required.

Court Disposition

Appeal sustained; verdict set aside; new trial ordered; neither party entitled to expenses.

Orders

  • Sustain the appeal and recall the interlocutor appealed against and all interlocutors since closing of the record.
  • Allow the bill of exceptions.