M'Kiernan v. Corporation of Glasgow [1919] ScotLR 285 (06 March 1919)

The jury's award of £250 was excessive given the circumstances, and £100 was deemed a reasonable sum for solatium, based on established legal standards for excessive damages.

Citation: [1919] ScotLR 285
Parties: Pursuer: John M'Keirnan; Defenders: Corporation of Glasgow
Jurisdiction: Scotland
Judgment Date: 06 March 1919
Procedural Posture: Reparation / Appeal on Damages After Jury Trial
Outcome: damages reduced by consent; no new trial granted
Legal Topics: Excessive Damages, Solatium, Death of Infant, Jury Trial

Tort Personal Injury Excessive Damages Solatium Death of Infant Jury Trial

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

John M'Keirnan

Pursuer

Corporation of Glasgow

Defenders

Procedural Posture

Reparation / Appeal on Damages After Jury Trial

Legal Issues

1 Whether the damages awarded by the jury for solatium in respect of the death of an infant son were excessive

Ratio Decidendi

The jury's award of £250 was excessive given the circumstances, and £100 was deemed a reasonable sum for solatium, based on established legal standards for excessive damages.

Court Disposition

damages reduced by consent; no new trial granted

Orders

Damages assessed at £100 in place of £250
Defenders ordered to pay £100 to pursuer