Grant v. Baird & Co. [1903] ScotLR 40_365 (20 February 1903)

Grant v. Baird & Co. [1903] ScotLR 40_365 (20 February 1903)

The court refused a third trial because two juries, under different judges, reached the same conclusion and there was at least some evidence to support the verdict. The pursuer was entitled to expenses of the second trial, but not the first, as the first verdict was set aside for lack of sufficient evidence and the pursuer improved his case at the second trial.

Citation
[1903] ScotLR 40_365
Parties
Pursuer: Robert Grant; Defender: William Baird & Company
Jurisdiction
Scotland
Judgment Date
20 February 1903
Procedural Posture
Action of Damages for Personal Injury/death / Motion for New Trial After Second Jury Verdict
Outcome
Motion for third trial refused; expenses awarded for second trial only.
Legal Topics
Employer's Liability, Personal Injury, Jury Trial, Expenses/costs, Motions for New Trial
Tort Law Employment Law Civil Procedure Employer's Liability Personal Injury Jury Trial Expenses/costs Motions for New Trial

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Grant

Pursuer

William Baird & Company

Defender

Procedural Posture

Action of Damages for Personal Injury/death / Motion for New Trial After Second Jury Verdict

Legal Issues

  1. 1 Whether a third trial should be granted after two jury verdicts for the pursuer
  2. 2 Whether the pursuer is entitled to expenses of the first and/or second trial

Ratio Decidendi

The court refused a third trial because two juries, under different judges, reached the same conclusion and there was at least some evidence to support the verdict. The pursuer was entitled to expenses of the second trial, but not the first, as the first verdict was set aside for lack of sufficient evidence and the pursuer improved his case at the second trial.

Court Disposition

Motion for third trial refused; expenses awarded for second trial only.

Orders

  • Find neither party entitled to the expenses of the first trial and of obtaining the rule.
  • Find the pursuer entitled to the expenses of the second trial.