Adamson v. Fife Coal Co., Ltd [1909] ScotLR 459 (19 February 1909)

Adamson v. Fife Coal Co., Ltd [1909] ScotLR 459 (19 February 1909)

It is incompetent to challenge, on appeal from an interlocutor applying a jury verdict, the interlocutor fixing the questions to be put to the jury if leave to appeal was not sought at the time. The Sheriff-Substitute properly applied the jury's verdict, and the grounds of appeal were not established under the statutory scheme.

Citation
[1909] ScotLR 459
Parties
Pursuer/appellant: William Adamson; Defender/respondent: Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
19 February 1909
Procedural Posture
Civil Appeal (jury Trial, Damages) / Appeal From Sheriff Court Interlocutor Applying Jury Verdict
Outcome
appeal dismissed; judgment of Sheriff-Substitute affirmed
Legal Topics
Jury Trial Procedure, Adjustment of Jury Questions, Appeal Competency, Employers' Liability Act 1880, Sheriff Courts (scotland) Act 1907
Civil Procedure Employment Law Personal Injury Jury Trial Procedure Adjustment of Jury Questions Appeal Competency Employers' Liability Act 1880 Sheriff Courts (scotland) Act 1907

Case Brief

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Parties

William Adamson

Pursuer/appellant

Fife Coal Company, Limited

Defender/respondent

Procedural Posture

Civil Appeal (jury Trial, Damages) / Appeal From Sheriff Court Interlocutor Applying Jury Verdict

Legal Issues

  1. 1 Whether it is competent to challenge, on appeal from an interlocutor applying a jury verdict, the interlocutor fixing the questions to be put to the jury when leave to appeal was not sought at the time.
  2. 2 Whether the questions put to the jury properly exhausted the pursuer's case and grounds of liability under the Employers' Liability Act 1880.
  3. 3 Whether the verdict was contrary to evidence or erroneously applied by the Sheriff-Substitute.

Ratio Decidendi

It is incompetent to challenge, on appeal from an interlocutor applying a jury verdict, the interlocutor fixing the questions to be put to the jury if leave to appeal was not sought at the time. The Sheriff-Substitute properly applied the jury's verdict, and the grounds of appeal were not established under the statutory scheme.

Court Disposition

appeal dismissed; judgment of Sheriff-Substitute affirmed

Orders

  • Appeal dismissed.
  • Verdict and judgment for defenders (Fife Coal Company, Limited) affirmed.