Madden v. Glasgow Corporation [1922] ScotLR 86 (17 November 1922)

Madden v. Glasgow Corporation [1922] ScotLR 86 (17 November 1922)

The Court held that it was not essential to the justice of the case to grant a new trial, as the pursuer had not established fault against the defenders and had not shown that a new trial was warranted. The illogicality of the jury's verdict did not, in itself, justify a new trial.

Citation
[1922] ScotLR 86
Parties
Pursuer: Mrs Elizabeth Madden; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
17 November 1922
Procedural Posture
Civil / Application for New Trial After Jury Verdict
Outcome
application for new trial refused; rule discharged
Legal Topics
Personal Injury, Damages, Jury Trial, New Trial, Insufficient Damages
Tort Civil Procedure Personal Injury Damages Jury Trial New Trial Insufficient Damages

Case Brief

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Parties

Mrs Elizabeth Madden

Pursuer

Corporation of the City of Glasgow

Defenders

Procedural Posture

Civil / Application for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether a new trial should be granted on the ground that the damages awarded by the jury were insufficient
  2. 2 Whether the verdict should be entered for the defenders under the Jury Trials Amendment (Scotland) Act 1910

Ratio Decidendi

The Court held that it was not essential to the justice of the case to grant a new trial, as the pursuer had not established fault against the defenders and had not shown that a new trial was warranted. The illogicality of the jury's verdict did not, in itself, justify a new trial.

Court Disposition

application for new trial refused; rule discharged

Orders

  • Rule for new trial discharged; no new trial granted.