Keenan v. Scottish Co-Operative Wholesale Society, Ltd [1914] ScotLR 839 (17 July 1914)

Keenan v. Scottish Co-Operative Wholesale Society, Ltd [1914] ScotLR 839 (17 July 1914)

The pursuer failed to prove an essential fact (the presence of a second man beside the driver), and the failure to cross-examine on this point amounted to an admission, rendering the pursuer's witnesses incredible. The jury's verdict was contrary to the evidence, and a new trial was essential to the justice of the case.

Citation
[1914] ScotLR 839
Parties
Pursuer: Patrick Keenan (as tutor and administrator-in-law of Mary Keenan); Defender: Scottish Co-Operative Wholesale Society, Limited
Jurisdiction
Scotland
Judgment Date
17 July 1914
Procedural Posture
Personal Injury Action / Motion for New Trial After Jury Verdict
Outcome
verdict set aside; new trial granted
Legal Topics
Personal Injury, Jury Trial, Verdict Contrary to Evidence, Credibility of Witnesses, New Trial, Jury Trials (scotland) Act 1815
Tort Civil Procedure Personal Injury Jury Trial Verdict Contrary to Evidence Credibility of Witnesses New Trial Jury Trials (scotland) Act 1815

Case Brief

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Parties

Patrick Keenan (as tutor and administrator-in-law of Mary Keenan)

Pursuer

Scottish Co-Operative Wholesale Society, Limited

Defender

Procedural Posture

Personal Injury Action / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the jury's verdict for the pursuer was contrary to the evidence
  2. 2 Whether the pursuer abandoned an essential part of his case by not challenging the defenders' evidence
  3. 3 Whether a new trial should be granted under the Jury Trials (Scotland) Act 1815, sec. 6

Ratio Decidendi

The pursuer failed to prove an essential fact (the presence of a second man beside the driver), and the failure to cross-examine on this point amounted to an admission, rendering the pursuer's witnesses incredible. The jury's verdict was contrary to the evidence, and a new trial was essential to the justice of the case.

Court Disposition

verdict set aside; new trial granted

Orders

  • The rule is made absolute.
  • The verdict for the pursuer is set aside.