Gilligan v. Robb [1910] ScotLR 733 (08 July 1910)

The action was relevant as the averments disclosed a case of negligence causing nervous shock, and issue was allowed for jury trial.

Citation: [1910] ScotLR 733
Parties: Pursuer: Mrs Hannah Joiner or Gilligan; Defender: William Robb
Jurisdiction: Scotland
Judgment Date: 08 July 1910
Procedural Posture: Reparation / Issue Allowed for Jury Trial
Outcome: issue allowed
Legal Topics: Negligence, Nervous Shock, Remoteness of Injury

Tort Personal Injury Negligence Nervous Shock Remoteness of Injury

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Parties

Mrs Hannah Joiner or Gilligan

Pursuer

William Robb

Defender

Procedural Posture

Reparation / Issue Allowed for Jury Trial

Legal Issues

1 Is the action for damages for nervous shock without physical impact relevant?
2 Was the defender negligent in employing an incompetent driver?
3 Is the injury too remote for liability?

Ratio Decidendi

The action was relevant as the averments disclosed a case of negligence causing nervous shock, and issue was allowed for jury trial.

Court Disposition

issue allowed

Orders

jury trial on the issue of injury through defender's fault