Simpson v Corporation of Glasgow
| Jurisdiction | Scotland |
| Judgment Date | 13 January 1916 |
| Date | 13 January 1916 |
| Docket Number | No. 37. |
| Court | Court of Session |
Lord Skerrington and a Jury, Lord President, Lord Johnston, Lord Mackenzie.
ProcessJury trialMotion for new trialVerdict against two defendersNo evidence against one of the defendersCompetency of setting aside verdict as against one defender onlyMotion for absolvitorJury Trials Amendment (Scotland) Act, 1910 (10 Edw. VII. and 1 Geo. V. cap. 31), sec. 2.
In an action of damages for personal injuries directed against two separate sets of defenders, jointly and severally or severally, the jury returned a verdict against both sets of defenders, and assessed the damages at a single sum. One set of defenders, on the ground that there was no evidence against them, moved the Court to set aside the verdict in so far as directed against them, and to grant them absolvitor in terms of the Jury Trials Amendment (Scotland) Act, 1910, sec. 2. The pursuer admitted that, quoad these defenders, the verdict could not be supported.
Held that the verdict could not be set aside as to one set of defenders and allowed to stand as against the other defenders; and accordingly that the whole verdict fell to be set aside and a new trial granted. Motion for absolvitor refused.
On 22nd January 1915 Mrs Helen Miller or Simpson brought an action against the Corporation of the city of Glasgow and Lyons & Co., Limited, jointly and severally or severally, concluding for damages in respect of personal injuries which she had sustained while being conveyed in one of the Glasgow Corporation tramway cars. The injuries of which the pursuer complained were caused by a fall, resulting from a sudden stopping of the tramway car in order to avoid a collision with a van belonging to Lyons & Co.
On 16th June 1915 the Lord Ordinary (Anderson) approved an issue, whether the pursuer was injured through the fault of the defenders or either or which of them, to her loss, &c.
The action was tried before Lord Skerrington and a jury on 23rd and 24th July 1915, when the jury returned a verdict for the pursuer against both sets of defenders, and assessed the damages at 150.
The Corporation of Glasgow obtained a rule on the pursuer to show cause why a new trial should not be granted on the ground that there was no evidence to support the verdict against them.
At the hearing on the rule before the First Division, on 11th January 1916, counsel for the pursuer intimated that he did not intend to support the verdict against the Corporation, and that he offered no...
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Milliken v Glasgow Corporation
...OliverENR, (1866) 4 H. & C. 403; Taylor v. Dumbarton Tramways Co., supra, House of Lords Cases, p. 96. Simpson v. Corporation of Glasgow, 1916 S. C. 345, was also referred 7 Pollock on Torts, (10th ed.) p. 467; Scott v. London Dock Co.ENR, (1865) 3 H. & C. 596; Macfarlane v. ThompsonSC, (18......