McBay v Hamlett
| Jurisdiction | Scotland |
| Judgment Date | 16 November 1962 |
| Docket Number | No. 35. |
| Date | 16 November 1962 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Cameron.
ReparationNegligenceDamagesRemoteness of damageClaim by husband in respect of expense incurred through wife's disability caused by accidentHusband and Wife.
A husband, whose wife was a passenger in his car, was involved in an accident with another vehicle. As a result of the accident, which was admitted to be due to the negligence of the other driver, the wife sustained injuries, causing a degree of permanent disability. In an action against the other driver, the husband claimed damages in respect of the employment of a housekeeper, and later a domestic help, as his wife was disabled by her injuries from attending to household matters. He also made a claim in respect of the expense of travelling to visit his wife while she was in hospital. The defender pleaded that the claim for damages arising through the wife's injuries was irrelevant.
Held by the Lord Ordinary (Cameron) that a husband, whose wife was injured through the fault of a third party, had a relevant claim against the third party for loss which he sustained in consequence of her injury.
Eisten v. North British Railway Co.UNK, (1870) 8 Macph. 980, and Reavis v. Clan Line Steamers, 1925 S. C. 725,commented on.
James M'Bay brought an action of damages against Joe Delphoe Hamlett for negligence arising out of a road accident as a result of which the pursuer's wife, who was a passenger in his car, sustained injuries.
The circumstances are summarised in the rubric and are fully set forth in the opinion of the Lord Ordinary (Cameron).
The pursuer's averments of loss included the following:(Cond. 4) " In addition as a result of the collision the pursuer sustained further financial loss in consequence of injuries sustained in the accident by his wife, the said Mrs M'Bay. She sustained a compound fracture dislocation of the right ankle, which necessitated her being for a period in the Bridge of Earn Hospital and which resulted in a permanent disability necessitating the employment of additional household help and other outlays hereinafter condescended on. In particular for a period from the date of the accident until the end of July 1960 the pursuer was obliged to employ a...
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Collins v South of Scotland Electricity Board
...support and care for her husband, and as such was irrelevant; and action, so far as laid at her instance, dismissed. M'Bay v. HamlettSC 1963 S.C. 282 distinguished. John Patrick Collins brought an action for damages for personal injuries against his employers, the South of Scotland Electric......
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JACK v ALEXANDER McDOUGALL & Company (ENGINEERS)
...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 DamagesMeasure of damagesAverment of loss of benefit of wife's earnings and expenses of her visits to hospital. A man who had sustained persona......
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Robertson v Turnbull
...under the head of expenses and outlays made in similar circumstances was, however, held relevant 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 with......