M'Nab v. Fyfe [1904] ScotLR 41_736 (07 July 1904)

M'Nab v. Fyfe [1904] ScotLR 41_736 (07 July 1904)

On the face of the record, the case was small and more suitable for proof in the Sheriff Court than for jury trial in the Court of Session; therefore, the appeal for jury trial was refused and the case remitted for proof.

Citation
[1904] ScotLR 41_736
Parties
Pursuer and Appellant: Neil M'Nab; Defender and Respondent: Robert Fyfe
Jurisdiction
Scotland
Judgment Date
07 July 1904
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session for Jury Trial
Outcome
appeal refused; case remitted to Sheriff for proof
Legal Topics
Employers' Liability, Jury Trial, Proof Procedure, Workplace Negligence
Employment Law Personal Injury Employers' Liability Jury Trial Proof Procedure Workplace Negligence

Case Brief

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Parties

Neil M'Nab

Pursuer and Appellant

Robert Fyfe

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether the case should be tried by jury in the Court of Session or remitted to the Sheriff Court for proof
  2. 2 Whether the averments of fault and injury justify a jury trial

Ratio Decidendi

On the face of the record, the case was small and more suitable for proof in the Sheriff Court than for jury trial in the Court of Session; therefore, the appeal for jury trial was refused and the case remitted for proof.

Court Disposition

appeal refused; case remitted to Sheriff for proof

Orders

  • Appeal for jury trial refused
  • Case remitted to Sheriff Court for proof