Symington v Campbell
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judgment Date | 30 January 1894 |
| Docket Number | No. 85. |
| Date | 30 January 1894 |
Lord Kincairney, Lord President, Lord Adam, Lord M'Laren, Lord Kinnear.
Title to sueAcquisition of right and title after action raised.
A, the purchaser of a vessel from B, brought an action of damages in his own name and as assignee of B against C for injuries which had been done to the vessel prior to the date of the purchase. The summons was served on the 28th June 1893. On the 29th June the seller of the ship assigned to A all claims competent to him against C. Held (1) that at the date of the action A had no right to damages for injury done to the vessel prior to his purchase, and had no title to sue; and (2) that the subsequent assignation did not remedy the defect.
Joseph A. Symington raised an action of damages for his own individual right and interest, and also as assignee of Robert Symington,against James Campbell of Jura, concluding for 400. The summons was signeted and served on 28th June 1893.
He stated, inter alia, that he was the owner of a vessel called the Alarm, which he had purchased on 18th May 1893 from Robert Symington, who again had bought it from James M'Allister and James Nelson in 1890. That in an action of damages brought by the defender Campbell against M'Allister and Nelson in January 1893 the vessel (being Robert Symington's property) had been illegally arrested on 3d February. The defender having seized the said vessel, has since detained it in his possession. After seizure the messenger-at-arms employed, William Dunlop, proceeded to dismantle the said vessel. The process of dismantling was carried through without reasonable care and skill, which the defender, or those acting for him, were bound to exercise, but negligently, and with reckless disregard of the pursuer's property. Further, instead of keeping the vessel in safe harbour and taking all reasonable precautions for its preservation, as defender, or those acting for him, were bound to do, the said vessel was allowed to drift, and was ultimately run aground on the open beach in what is called the Clay Hole,and was left there, where it still remains, without anyone being instructed to take charge of it. In consequence thereof the said vessel has now become unseaworthy. In its present condition it is of little value, and would require extensive and thorough repairs. These repairs cannot be executed at Stranraer, and the vessel is unseaworthy, and cannot, in its present state, be removed, and is fast breaking...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
- Blackburn v Cowie
-
Abram Steamship Company v Westville Shipping Company
...both these learned Judges refer to the strong expressions of Lord Mansfield in the case of ( Doe v. Ballen 2 Couper 243Symington v. Campbell, 21 R., 434, that at the date of the raising of the present action the pursuers had no title to sue and that the action is not saved by a title subseq......