Nimmo & Co., Ltd, v. Reid [1913] ScotLR 789 (27 June 1913)

Nimmo & Co., Ltd, v. Reid [1913] ScotLR 789 (27 June 1913)

The pursuer is liable for the expenses of the appeal when a new trial is granted on the grounds that the verdict was erroneously applied and contrary to the evidence.

Citation
[1913] ScotLR 789
Parties
Defender: Nimmo & Company, Limited; Pursuer: Peter Reid
Jurisdiction
Scotland
Judgment Date
27 June 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Interlocutor on New Trial and Expenses
Outcome
Appeal sustained; verdict set aside; new trial ordered; pursuer found liable for expenses of appeal.
Legal Topics
Expenses on Appeal, New Trial, Application of Jury Verdict, Employers' Liability Act 1880
Civil Procedure Employment Law Expenses on Appeal New Trial Application of Jury Verdict Employers' Liability Act 1880

Case Brief

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Parties

Nimmo & Company, Limited

Defender

Peter Reid

Pursuer

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Interlocutor on New Trial and Expenses

Legal Issues

  1. 1 Whether pursuer is liable for expenses of appeal when new trial is granted on grounds that verdict was erroneously applied and contrary to evidence

Ratio Decidendi

The pursuer is liable for the expenses of the appeal when a new trial is granted on the grounds that the verdict was erroneously applied and contrary to the evidence.

Court Disposition

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

Orders

  • Sustain the appeal
  • Recall the interlocutor