Simpson v. Glasgow Corporation and Others [1916] ScotLR 258 (13 January 1916)

Simpson v. Glasgow Corporation and Others [1916] ScotLR 258 (13 January 1916)

The Court held that a joint verdict against two defenders is indivisible and must be set aside in whole if found defective; it cannot be set aside as against one defender only. Absolvitor under section 2 of the Jury Trials Amendment (Scotland) Act 1910 was refused as the statute does not contemplate multiple...

Source-derived case information.

Citation
[1916] ScotLR 258
Parties
Pursuer: Mrs Helen Miller or Simpson; Defender First Called: Corporation of Glasgow; Defender Second Called: Lyons & Company, Limited
Jurisdiction
Scotland
Judgment Date
13 January 1916
Procedural Posture
Personal Injury Damages Action / Post Jury Verdict, Motion for New Trial and Absolvitor
Outcome
verdict set aside in toto; motion for absolvitor refused
Legal Topics
Jury Verdict, Joint Liability, Setting Aside Verdict, Absolvitor, Jury Trials Amendment (scotland) Act 1910
Civil Procedure Tort Jury Verdict Joint Liability Setting Aside Verdict Absolvitor Jury Trials Amendment (scotland) Act 1910

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Summary, issues, holding and outcome

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Parties

Mrs Helen Miller or Simpson

Pursuer

Corporation of Glasgow

Defender First Called

Lyons & Company, Limited

Defender Second Called

Procedural Posture

Personal Injury Damages Action / Post Jury Verdict, Motion for New Trial and Absolvitor

Legal Issues

  1. 1 Whether a joint verdict against two defenders can be set aside in part or only in whole
  2. 2 Whether absolvitor can be granted to one defender under section 2 of the Jury Trials Amendment (Scotland) Act 1910 when no evidence exists against them

Ratio Decidendi

The Court held that a joint verdict against two defenders is indivisible and must be set aside in whole if found defective; it cannot be set aside as against one defender only. Absolvitor under section 2 of the Jury Trials Amendment (Scotland) Act 1910 was refused as the statute does not contemplate multiple defenders and not all evidence was before the Court.

Court Disposition

verdict set aside in toto; motion for absolvitor refused

Orders

  • verdict set aside
  • new trial granted against both defenders