Stevenson v. Glasgow Corporation [1922] ScotLR 189 (01 March 1922)

Stevenson v. Glasgow Corporation [1922] ScotLR 189 (01 March 1922)

The pursuer's averments are relevant in law; the conductor was arguably acting in the course of employment, and the Corporation may be liable for his actions. The injuries alleged are sufficiently serious to justify a jury trial.

Citation
[1922] ScotLR 189
Parties
Pursuer: Mrs Elizabeth Warnock or Stevenson; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
01 March 1922
Procedural Posture
Personal Injury Damages / Removal to Court of Session for Jury Trial; Interlocutory Ruling on Relevancy and Suitability for Jury Trial
Outcome
Objection to relevancy repelled; action allowed to proceed to jury trial.
Legal Topics
Master and Servant Liability, Scope of Employment, Violent Act by Servant, Removal for Jury Trial
Tort Employment Law Master and Servant Liability Scope of Employment Violent Act by Servant Removal for Jury Trial

Case Brief

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Parties

Mrs Elizabeth Warnock or Stevenson

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Personal Injury Damages / Removal to Court of Session for Jury Trial; Interlocutory Ruling on Relevancy and Suitability for Jury Trial

Legal Issues

  1. 1 Is the Corporation liable for the violent act of its servant (conductor) in ejecting the pursuer?
  2. 2 Is the action relevant in law to proceed to trial?
  3. 3 Is the case suitable for jury trial given the injuries alleged?

Ratio Decidendi

The pursuer's averments are relevant in law; the conductor was arguably acting in the course of employment, and the Corporation may be liable for his actions. The injuries alleged are sufficiently serious to justify a jury trial.

Court Disposition

Objection to relevancy repelled; action allowed to proceed to jury trial.

Orders

  • Approved proposed jury issue.
  • Remitted cause to Lord Blackburn, Ordinary, to proceed as accords.