Cowie v. Diez [1903] ScotLR 40_868 (17 July 1903)

There is no specialty in this case to prevent it from following the ordinary course of trial by jury where only the amount of damages is at issue.

Citation: [1903] ScotLR 40_868
Parties: Pursuer and Appellant: John Cowie; Defender and Respondent: Captain Manuel Diez
Jurisdiction: Scotland
Judgment Date: 17 July 1903
Procedural Posture: Appeal for Jury Trial in Personal Injury Action / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome: Appeal allowed; case to proceed by jury trial; respondent found liable in expenses, modified at £3, 3s.
Legal Topics: Jury Trial, Damages Assessment, Remit to Proof

Case Brief

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John Cowie

Pursuer and Appellant

Captain Manuel Diez

Defender and Respondent

Appeal for Jury Trial in Personal Injury Action / Appeal From Sheriff Court to Court of Session Inner House, First Division

1 Whether the case should be tried by jury or remitted to the Sheriff Court for proof when liability is admitted and only damages are at issue

There is no specialty in this case to prevent it from following the ordinary course of trial by jury where only the amount of damages is at issue.

Appeal allowed; case to proceed by jury trial; respondent found liable in expenses, modified at £3, 3s.