Scottish Court of Session Decisions

This case came before the Court to-day on a report from the Lord Ordinary (Ormidale) as to a question on the adjustment of an issue. The pursuer sues Mr Menzies, omnibus proprietor in Glasgow, for personal injuries sustained in Argyll Street in being set down between the Cross and Anderston. She avers that, on asking to be set down, the guard, instead of stopping the omnibus, entered it abruptly, forcibly seized hold of her and jumped with her in his arms into the middle of the street. Before she recovered from her confusion she was knocked down by another omnibus (Macgregor's) coming up from behind, and received severe injuries on different parts of her body.

The defender proposed to put in the issue that the pursuer was injured in consequence of the violent and reckless manner in which she was set down by the guard. The Court, however, approved of the original issue, which was in these terms:—“Whether on or about 6th June 1865, and in or near Argyll Street, Glasgow, in consequence of the parties in charge of an omnibus belonging to the defender, in which the pursuer was travelling as a passenger, failing to take due precautions in setting her down from the said omnibus, she was knocked down and injured by another omnibus through the fault of the defender—to her injury, loss, and damage?”