JACK v ALEXANDER McDOUGALL & Company (ENGINEERS)
| Jurisdiction | Scotland |
| Judgment Date | 02 November 1972 |
| Date | 02 November 1972 |
| Docket Number | No. 2 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Keith.
ReparationNegligenceDamagesRemoteness of damageClaim by wife for loss of earnings and travelling expenses incurred as a result of injuries sustained by her husband.
A man who had sustained personal injuries raised along with his wife an action of reparation. The pursuers averred that as a result of the husband's injuries the wife had to give up her employment and lose wages. She also incurred travelling expenses in visiting her husband in hospital. In the action the wife claimed reparation for the loss of earnings and travelling expenses incurred by her.
Held that the wife's claim was irrelevant in respect that no duty had been owed to her to take reasonable care to avoid injury to her husband; and further in respect that her claim was beyond the scope of the derivative claims which are recognised by law.
M'Bay v. Hamlett, 1963 S.C. 282not followed.
DamagesMeasure of damagesAverment of loss of benefit of wife's earnings and expenses of her visits to hospital.
A man who had sustained personal injuries raised an action of reparation. He averred that as a result of his injuries his wife had to give up her employment and lose wages; and that he had lost the benefit of his wife's earnings. He also averred that his wife had incurred travelling expenses in visits to hospital which were necessary in order to assist his recovery. He claimed in respect of the loss of benefit of his wife's earnings and the travelling expenses.
Held (1) that the claim for travelling expenses was irrelevant; but (2) that a proof before answers should be allowed with reference to the claim for loss of benefit of the wife's earnings.
Edgar v. Lord Advocate, 1965 S.C. 67considered.
Robert Jack and Mrs Mary Fraser Or Jack brought an action of damages against Alexander M'Dougall & Company (Engineers) Limited and Scottish Aviation Limited in respect of injuries received by the first pursuer while employed by the first defenders at the premises of the second defenders.
The pursuers averred, inter alia:(Cond. 6) " At the time of the accident the second pursuer had been employed since 1966 as a part-time bakery assistant by William Gardner, The Home Bakery, Gala Street, Glasgow. As a result of the accident, she required to give up her employment from 5th February 1969 to 9th March 1970 to visit, nurse and look after the first pursuer. During this period she lost wages amounting to 280. She returned to work...
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Robertson v Turnbull
...the rejection by my noble and learned friend, Lord Keith of Kinkel, when, sitting three years earlier as Lord Ordinary in Jack v. Alexander McDougall & Co. (Engineers) 1973 S.C. 13, he declined to follow McBay v. Hamlett 1963 S.L.T. 18 where in a non-fatal case a husband was awarded compens......
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Robertson v Turnbull
...by Lord Cameron inM'Bay v. HamlettSC, 1963 S.C. 282 (a decision which Lord Keith expressly declined to follow in Jack v. M'DougallSC, 1973 S.C. 13) and which appears to have been pronounced without consideration of the implications of the case ofQuin, cit. sup. The absence of direct and aut......