Mitchell v. Caledonian Railway Co.. Strachan v. Caledonian Railway Co. [1909] ScotLR 517 (11 March 1909)

Mitchell v. Caledonian Railway Co.. Strachan v. Caledonian Railway Co. [1909] ScotLR 517 (11 March 1909)

The verdicts must be set aside as contrary to the evidence because the facts established contributory negligence by the pursuers, and there was no basis for the jury to find otherwise.

Citation
[1909] ScotLR 517
Parties
Pursuer: John Mitchell; Pursuer: Nathan Strachan; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
11 March 1909
Procedural Posture
Civil Reparation Action / Appeal on Motion for New Trial After Jury Verdict
Outcome
verdicts set aside; new trials granted
Legal Topics
Negligence, Contributory Negligence, Reparation, New Trial
Tort Personal Injury Negligence Contributory Negligence Reparation New Trial

Case Brief

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Parties

John Mitchell

Pursuer

Nathan Strachan

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Civil Reparation Action / Appeal on Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the defenders were negligent in failing to keep a proper lookout and operating at excessive speed
  2. 2 Whether the pursuers were guilty of contributory negligence
  3. 3 Whether the jury's verdict was contrary to the evidence regarding contributory negligence

Ratio Decidendi

The verdicts must be set aside as contrary to the evidence because the facts established contributory negligence by the pursuers, and there was no basis for the jury to find otherwise.

Court Disposition

verdicts set aside; new trials granted

Orders

  • The verdicts in both cases are set aside.
  • New trials are ordered.