Dunn v. Cuninghame [1902] ScotLR 39_755 (09 July 1902)

Dunn v. Cuninghame [1902] ScotLR 39_755 (09 July 1902)

The Court held that, given the involvement of questions of property and right-of-way, the case was more suitable for proof before the Sheriff rather than jury trial, and exercised its discretion accordingly.

Citation
[1902] ScotLR 39_755
Parties
Pursuer/appellant: Mrs Elizabeth Mullen or Dunn; Defender/respondent: John Charles Cuninghame
Jurisdiction
Scotland
Judgment Date
09 July 1902
Procedural Posture
Civil Appeal (damages for Death) / Appeal Against Interlocutor; Application for Jury Trial
Outcome
Appeal dismissed; interlocutor of Sheriff-Substitute affirmed; case remitted to Sheriff for proof; pursuer awarded expenses since 6th March 1902.
Legal Topics
Negligence, Damages for Wrongful Death, Right of Way, Jury Trial Procedure, Remit to Sheriff
Tort Property Law Civil Procedure Negligence Damages for Wrongful Death Right of Way Jury Trial Procedure Remit to Sheriff

Case Brief

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Parties

Mrs Elizabeth Mullen or Dunn

Pursuer/appellant

John Charles Cuninghame

Defender/respondent

Procedural Posture

Civil Appeal (damages for Death) / Appeal Against Interlocutor; Application for Jury Trial

Legal Issues

  1. 1 Whether the case should be tried by jury or proof before Sheriff
  2. 2 Whether questions of property and right-of-way make jury trial inappropriate
  3. 3 Whether the action is relevant in law

Ratio Decidendi

The Court held that, given the involvement of questions of property and right-of-way, the case was more suitable for proof before the Sheriff rather than jury trial, and exercised its discretion accordingly.

Court Disposition

Appeal dismissed; interlocutor of Sheriff-Substitute affirmed; case remitted to Sheriff for proof; pursuer awarded expenses since 6th March 1902.

Orders

  • Appeal for jury trial refused
  • Case remitted to Sheriff for proof