Greer v. Glasgow Corporation [1914] ScotLR 109 (24 November 1914)

Greer v. Glasgow Corporation [1914] ScotLR 109 (24 November 1914)

The pursuer's averments were too vague and did not disclose injuries of such seriousness that a reasonable jury could award more than £50; therefore, the case was unsuitable for jury trial and should be remitted to the Sheriff for proof.

Citation
[1914] ScotLR 109
Parties
Pursuer: Mrs Margaret Rennie or Greer; Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
24 November 1914
Procedural Posture
Damages for Personal Injury / Application for Remit to Court of Session for Jury Trial
Outcome
application for jury trial refused; case remitted to Sheriff for proof
Legal Topics
Remit for Jury Trial, Sheriff Courts (scotland) Act 1907 Section 30, Assessment of Damages, Suitability for Jury Trial
Civil Procedure Personal Injury Remit for Jury Trial Sheriff Courts (scotland) Act 1907 Section 30 Assessment of Damages Suitability for Jury Trial

Case Brief

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Parties

Mrs Margaret Rennie or Greer

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Damages for Personal Injury / Application for Remit to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether the pursuer's averments disclose a case suitable for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether the injuries alleged could reasonably entitle the pursuer to a verdict exceeding £50

Ratio Decidendi

The pursuer's averments were too vague and did not disclose injuries of such seriousness that a reasonable jury could award more than £50; therefore, the case was unsuitable for jury trial and should be remitted to the Sheriff for proof.

Court Disposition

application for jury trial refused; case remitted to Sheriff for proof

Orders

  • Refused pursuer's application for jury trial in the Court of Session
  • Remitted the case to the Sheriff to proceed