Stewart v Duncan
| Jurisdiction | Scotland |
| Judgment Date | 08 March 1921 |
| Date | 08 March 1921 |
| Docket Number | No. 52. |
| Court | Court of Session (Inner House - Second Division) |
Lord Sands, Lord Jury, Lord Justice-Clerk (Scott Dickson), Lord Dundas, Lord Ormidale.
EvidenceAdmissibilityJury TrialMotor car accidentQuestions bearing upon insurance of car.
At the trial before a jury of an action of damages against the owner of a motor car for personal injuries to a child, the child's mother, when questioned as to a conversation with the defender after the accident, quoted a remark by him to this effect:Don't be afraid to make a claim, because my car is insured up to 1000. Her evidence was corroborated by another witness who was present at the interview. In cross-examination the defender denied making this statement, but he admitted that his car was insured up to 1000. The evidence was commented on by the pursuer's counsel in addressing the jury. A verdict having been returned for the pursuer, the defender moved for a new trial, inter alia, on the ground that these questions had prejudiced his case before the jury, and should not have been allowed.
The Court refused the motion, on the ground that the questions had in the circumstances a bearing upon credibility, and were therefore not irrelevant.
Observed, per curiam, that allusion in a jury trial to the fact of indemnity insurance was improper, and that, in cases where the Court were satisfied that the topic had been introduced for the purpose of creating prejudice, the verdict might be set aside.
On 28th April 1920 Alexander Stewart, 80 Blackness Road, Dundee, a child aged six (to whom a curator ad litem was appointed), brought an action against Thomas Duncan, 17 Rosefield Street, Dundee, in which he sought to recover damages for injuries sustained through being run over by a taxi-cab owned and driven by the defender.
An issue was allowed, and the case was tried before Lord Sands and a jury. The pursuer's mother, in the course of her examination as a witness for the pursuer, deponed to a visit paid to her by the defender on the day following the accident. She was then asked, What did he say? and she replied, He said Don't be afraid to make a claim, because my car is insured up to 1000. She admitted, however, that the defender had denied responsibility for the accident. Her evidence with regard to the defender's statement was corroborated by her sister, who stated that she was present at the interview with the defender. In cross-examination the defender denied that he had made to these witnesses the statement quoted by them...
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Allan Mclean Strang And Others V. Churchill Insurance Company Limited
...was submitted, the practice has been to disapprove of reference to insurance arrangements. [76] Mr Anderson referred to Stewart v Duncan 1921 S.C. 482 which was commented upon in Dale McFarlane v Barry Thain and Others [2006] CSIH 3. [77] In the present case, the pursuers had created a hurd......
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Jamieson v W. Brown & Sons
...Crawford v. Lusk's TrusteesUNK, (1884) 12 R. 25. 4 Reekie v. M'Kinven, 1921 S. C. 733, Lord President Clyde at p. 735; Stewart v. Duncan, 1921 S. C. 482, Lord Justice-Clerk Scott-Dickson at p. 483; Wright v. HearsonUNK (1916) 51 W. N. 5 55 Geo. III, cap. 42. 6 Reekie v. M'Kinven, 1921 S. C.......
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Dale Mcfarlane (ap) V. Barry Thain+james Campbell+the Motor Insurers' Bureau
...a well-recognised rule that any question of indemnity insurance should not be discussed in the presence of the jury: Stewart v Duncan, 1921 S.C. 482. However in the present case, where the MIB were sisted as minuters and the question of one party's insurance was to be explored in evidence, ......
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Dale Mcfarlane V. Barry Thain+james Campbell+the Motor Insurers Bureau
...be impossible to avoid bringing up the question of insurance in the jury's presence. I do not accept that the authority Stewart v Duncan (1921 S.C. 482), no longer has force. The current well-established practice prohibits mention or discussion of a party's indemnity insurance in the presen......