Bond v. Dalmeny Oil Co., Ltd [1909] ScotLR 920 (15 July 1909)

Bond v. Dalmeny Oil Co., Ltd [1909] ScotLR 920 (15 July 1909)

The pursuer was found liable for the expenses of the appeal because the verdict was set aside as contrary to the evidence, and the defenders succeeded in their appeal.

Source-derived case information.

Citation
[1909] ScotLR 920
Parties
Pursuer (respondent): Robert Bond; Defender (appellant): Dalmeny Oil Company, Limited
Jurisdiction
Scotland
Judgment Date
15 July 1909
Procedural Posture
Appeal From Sheriff Court Jury Trial / Post Verdict, Appeal for New Trial and Expenses
Outcome
Appeal sustained; verdict set aside; new trial ordered; pursuer found liable for expenses of the appeal.
Legal Topics
Expenses on Appeal, New Trial, Employers' Liability, Damages for Death
Civil Procedure Employment Law Tort Law Expenses on Appeal New Trial Employers' Liability Damages for Death

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Bond

Pursuer (respondent)

Dalmeny Oil Company, Limited

Defender (appellant)

Procedural Posture

Appeal From Sheriff Court Jury Trial / Post Verdict, Appeal for New Trial and Expenses

Legal Issues

  1. 1 Whether the pursuer should be liable for the expenses of the appeal after the verdict was set aside and a new trial ordered

Ratio Decidendi

The pursuer was found liable for the expenses of the appeal because the verdict was set aside as contrary to the evidence, and the defenders succeeded in their appeal.

Court Disposition

Appeal sustained; verdict set aside; new trial ordered; pursuer found liable for expenses of the appeal.

Orders

  • Sustain the appeal
  • Recall the interlocutor appealed against