Bell v. Adam & Co. [1907] ScotLR 775 (15 June 1907)

Bell v. Adam & Co. [1907] ScotLR 775 (15 June 1907)

The Lord Ordinary's interlocutor was recalled because the Court was not satisfied that any part of the pursuer's case was irrelevant, and thus the general rule against interfering with the Lord Ordinary's discretion did not apply; the case was suitable for jury trial.

Citation
[1907] ScotLR 775
Parties
Pursuer (reclaimer): Mrs Annie Macfarlane Rennie or Bell; Defenders (respondents): William Adam & Company
Jurisdiction
Scotland
Judgment Date
15 June 1907
Procedural Posture
Action of Damages for Personal Injuries (death) / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor
Outcome
interlocutor recalled; issue allowed
Legal Topics
Employer's Liability, Personal Injury, Mode of Trial, Judicial Discretion
Tort Employment Law Civil Procedure Employer's Liability Personal Injury Mode of Trial Judicial Discretion

Case Brief

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Parties

Mrs Annie Macfarlane Rennie or Bell

Pursuer (reclaimer)

William Adam & Company

Defenders (respondents)

Procedural Posture

Action of Damages for Personal Injuries (death) / Appeal (reclaiming Motion) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the pursuer's averments were wholly or partly relevant for proof or jury trial
  2. 2 Whether the Lord Ordinary's discretion to allow proof before answer was properly exercised
  3. 3 Whether the case should proceed to jury trial or proof before answer

Ratio Decidendi

The Lord Ordinary's interlocutor was recalled because the Court was not satisfied that any part of the pursuer's case was irrelevant, and thus the general rule against interfering with the Lord Ordinary's discretion did not apply; the case was suitable for jury trial.

Court Disposition

interlocutor recalled; issue allowed

Orders

  • The interlocutor of the Lord Ordinary is recalled.
  • An issue is allowed for jury trial.