The Ellerman Lines, Ltd v. The Clyde Navigation Trustees and Others. Glasgow And Newport News Steamship Co., Ltd v. The Clyde Navigation Trustees and Others [1909] ScotLR 472 (04 March 1909)

The Ellerman Lines, Ltd v. The Clyde Navigation Trustees and Others. Glasgow And Newport News Steamship Co., Ltd v. The Clyde Navigation Trustees and Others [1909] ScotLR 472 (04 March 1909)

Where two or more parties by separate negligent acts contribute to a single injury, it is competent to sue them jointly and severally for the entire damages; removal for jury trial is only competent if sought within statutory time limits.

Citation
[1909] ScotLR 472
Parties
Pursuer: The Ellerman Lines, Limited; Pursuer: Glasgow And Newport News Steamship Company, Limited; Defender: The Clyde Navigation Trustees; Defender: John Brown & Company, Limited
Jurisdiction
Scotland
Judgment Date
04 March 1909
Procedural Posture
Civil Damages / Appeal and Procedural Interlocutor
Outcome
appeals dismissed; minutes of remission found incompetent
Legal Topics
Joint and Several Liability, Competency of Action, Removal for Jury Trial, Apportionment of Damages
Tort Civil Procedure Joint and Several Liability Competency of Action Removal for Jury Trial Apportionment of Damages

Case Brief

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Parties

The Ellerman Lines, Limited

Pursuer

Glasgow And Newport News Steamship Company, Limited

Pursuer

The Clyde Navigation Trustees

Defender

John Brown & Company, Limited

Defender

Procedural Posture

Civil Damages / Appeal and Procedural Interlocutor

Legal Issues

  1. 1 Is it competent to sue multiple defenders jointly and severally for damages arising from separate negligent acts resulting in a single injury?
  2. 2 Is removal to the Court of Session for jury trial competent if not sought within statutory time limits?

Ratio Decidendi

Where two or more parties by separate negligent acts contribute to a single injury, it is competent to sue them jointly and severally for the entire damages; removal for jury trial is only competent if sought within statutory time limits.

Court Disposition

appeals dismissed; minutes of remission found incompetent

Orders

  • affirmed interlocutor of Sheriff
  • remitted cases to Sheriff-Substitute to proceed