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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smart v. Glasgow and South-Western Railway [1868] ScotLR 5_736 (24 July 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0736.html
Cite as: [1868] ScotLR 5_736, [1868] SLR 5_736
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SCOTTISH_SLR_Court_of_Session
Page: 736↓
Court of Session Inner House Second Division.
(Before
v.
In this case, Archibald Smart, gardener, Ful-larton House, Troon, was pursuer; and the Glasgow and South-Western Railway Company were defenders. The issue sent to the jury was in the following terms:—
“Whether, on or about the 22d of May 1867, at or near Dairy Junction, on the defenders' line of railway, one of the passenger trains on the said line came into collision with an excursion train, in which the pursuer was travelling, and then standing at or near the said junction, in consequence of which the pursuer was injured in his head and chest, and other parts of his body, through the fault of the defenders—to his loss, injury, and damage?”
Damages were laid at £2000.
Moncreiff, D.-F., and Brand for pursuer.
Young, Shand, and Johnston, for defenders.
The jury returned a verdict for pursuer, assessing the damages at £500.
Solicitors: Agent for Pursuer— A. K. Mackie, S.S.C.
Agents for Defenders— Gibson-Craig, Dalziel, & Brodies, W.S.