Gillies v. Scott & Co. [1903] ScotLR 40_777 (11 July 1903)

Gillies v. Scott & Co. [1903] ScotLR 40_777 (11 July 1903)

The appeal for jury trial was dismissed because the case turned on extremely fine distinctions between pure accident, fault of a fellow workman, and employer's liability, creating a risk that a jury might not properly appreciate these distinctions. The case was remitted to the Sheriff for proof before answer, as this would ensure a fairer and more just determination of the issues.

Citation
[1903] ScotLR 40_777
Parties
Pursuer/appellant: Mrs Ellen M'Gee or Gillies; Defenders/respondents: Scott & Company
Jurisdiction
Scotland
Judgment Date
11 July 1903
Procedural Posture
Civil Damages for Death of Workman (reparation) / Appeal From Sheriff Court to Court of Session (inner House, Second Division) on Interlocutor Allowing Proof Before Answer; Appeal for Jury Trial
Outcome
Appeal for jury trial dismissed; case remitted to Sheriff for proof before answer.
Legal Topics
Employer's Liability, Negligence, Master and Servant, Defective Appliances, Jury Trial Vs Proof Before Answer
Tort Employment Law Employer's Liability Negligence Master and Servant Defective Appliances Jury Trial Vs Proof Before Answer

Case Brief

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Parties

Mrs Ellen M'Gee or Gillies

Pursuer/appellant

Scott & Company

Defenders/respondents

Procedural Posture

Civil Damages for Death of Workman (reparation) / Appeal From Sheriff Court to Court of Session (inner House, Second Division) on Interlocutor Allowing Proof Before Answer; Appeal for Jury Trial

Legal Issues

  1. 1 Whether the employer is liable at common law or under the Employers Liability Act 1880 for the death of an employee caused by defective work equipment (naphtha lamp)
  2. 2 Whether the case should be tried by jury or by proof before answer in the Sheriff Court

Ratio Decidendi

The appeal for jury trial was dismissed because the case turned on extremely fine distinctions between pure accident, fault of a fellow workman, and employer's liability, creating a risk that a jury might not properly appreciate these distinctions. The case was remitted to the Sheriff for proof before answer, as this would ensure a fairer and more just determination of the issues.

Court Disposition

Appeal for jury trial dismissed; case remitted to Sheriff for proof before answer.

Orders

  • Remit to Sheriff-Substitute to allow parties a proof before answer of their averments.
  • Expenses of the appeal reserved to be disposed of as expenses of the cause by the Sheriff.