Black and Others v. North British Railway Co. [1908] ScotLR 340 (18 January 1908)

Black and Others v. North British Railway Co. [1908] ScotLR 340 (18 January 1908)

Where liability is admitted, the degree of negligence or grossness of fault is not relevant to the assessment of damages; pain and suffering of the deceased is relevant to solatium for dependants; the established form of issue is to be maintained, but judges must direct juries that fault does not affect quantum.

Citation
[1908] ScotLR 340
Parties
Pursuer: Mrs Ellinor Wilson or Black; Pursuer: J.S. Black; Pursuer: E.I. Black; Pursuer: T.W. Black; Pursuer: J.A. Black; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
18 January 1908
Procedural Posture
Action for Damages / Inner House, First Division, Court of Session, Appeal on Issue Form
Outcome
Court adhered to Lord Ordinary's approval of pursuers' issue form; appeal dismissed.
Legal Topics
Measure of Damages, Solatium, Liability Admitted, Form of Issue, Pain and Suffering, Grossness of Fault, Exemplary Damages
Tort Reparation Personal Injury Railway Law Measure of Damages Solatium Liability Admitted Form of Issue +3 more

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Parties

Mrs Ellinor Wilson or Black

Pursuer

J.S. Black

Pursuer

E.I. Black

Pursuer

T.W. Black

Pursuer

J.A. Black

Pursuer

North British Railway Company

Defender

Procedural Posture

Action for Damages / Inner House, First Division, Court of Session, Appeal on Issue Form

Legal Issues

  1. 1 Is the degree of negligence relevant to the quantum of damages where liability is admitted?
  2. 2 Is pain and suffering of the deceased relevant to damages for dependants?
  3. 3 Should the form of issue include fault where liability is admitted?

Ratio Decidendi

Where liability is admitted, the degree of negligence or grossness of fault is not relevant to the assessment of damages; pain and suffering of the deceased is relevant to solatium for dependants; the established form of issue is to be maintained, but judges must direct juries that fault does not affect quantum.

Court Disposition

Court adhered to Lord Ordinary's approval of pursuers' issue form; appeal dismissed.

Orders

  • Pursuers' issue form approved.
  • Defenders' proposed issue form disallowed.