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Windram v Robertson

Fraser's Court of Session Cases, 5th Series Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date23 July 1906
Date23 July 1906
Docket NumberNo. 10.
CourtHouse of Lords
House of Lords

Ld. Chancellor (Loreburn), Lord Macnaghten, Lord James of Hereford, Ld. Robertson, Ld. Atkinson.

No. 10.
Windram
and
Robertson.

AppealAppeal on questions of fact.

In cross actions for damages, caused by a collision between the owners of the Buccleuch and the owner of the s.s. Kyanite, the Lord Ordinary and the First Division held that at the time of the collision the lights of the Buccleuch were insufficient, and that the Buccleuch was in fault. The owners of the Buccleuch appealed on the ground that this finding was against the evidence. The House, considering that the question raised was wholly a question of fact which had been decided in the same way by the Lord Ordinary and the First Division, dismissed the appeal.

(In the Court of Session, May 23, 1905, 7 F. 665.)

George Windram and others appealed.

The House, after hearing counsel for the appellants, did not call upon the respondent's counsel.

Lord Chancellor.The only point that was raised in this appeal was whether the lights of the sailing ship Buccleuch were what they ought to have been, or whether they were so dim and imperfect, for one reason or another, that the vessel must be held to blame on that account.

The question is wholly one of fact, and there is a great deal of contradiction of evidence. There is a finding against the Buccleuch on this point not only of the Lord Ordinary but also of all the Lords of Session in the Inner-House, and it would be a strong thing for this House to differ upon a point which is exclusively a point of fact with the findings of both Courts below. Were the matter entirely res integra, I should agree with the learned Judges in the Court of Session that it was a difficult case, but I think myself I should still have come to the same conclusion that they have done, namely, that the insufficiency of the lights was established. I attach particular importance to the evidence as to the condition of the...

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