Morrison v. Waters & Co. and Another [1905] ScotLR 43_646 (05 June 1905)

Morrison v. Waters & Co. and Another [1905] ScotLR 43_646 (05 June 1905)

Waters & Company, by repudiating liability and shifting blame to Murphy on facts peculiarly within their own knowledge, caused Murphy to be brought into court; therefore, Waters & Company are liable for Murphy's expenses.

Citation
[1905] ScotLR 43_646
Parties
Pursuer: Robert Morrison; Defender: Waters & Company; Defender: William Martin Murphy
Jurisdiction
Scotland
Judgment Date
05 June 1905
Procedural Posture
Damages Action / Post Verdict, Expenses Determination
Outcome
Waters & Company found liable for expenses to Murphy; Murphy assoilzied from action.
Legal Topics
Liability for Expenses, Joint and Several Liability, Wrongful Death
Tort Civil Procedure Liability for Expenses Joint and Several Liability Wrongful Death

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Parties

Robert Morrison

Pursuer

Waters & Company

Defender

William Martin Murphy

Defender

Procedural Posture

Damages Action / Post Verdict, Expenses Determination

Legal Issues

  1. 1 Is the unsuccessful defender liable for the expenses of the successful defender?
  2. 2 Who is responsible for bringing the successful defender into court?

Ratio Decidendi

Waters & Company, by repudiating liability and shifting blame to Murphy on facts peculiarly within their own knowledge, caused Murphy to be brought into court; therefore, Waters & Company are liable for Murphy's expenses.

Court Disposition

Waters & Company found liable for expenses to Murphy; Murphy assoilzied from action.

Orders

  • Assoilzie William Martin Murphy from the conclusions of the action.
  • Find Waters & Company liable to William Martin Murphy in the expenses incurred by him in the cause.