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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Richardson and Others v. Wilson and Co [1866] ScotLR 1_155_1 (13 February 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0155_1.html
Cite as: [1866] SLR 1_155_1, [1866] ScotLR 1_155_1
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SCOTTISH_SLR_Court_of_Session
Page: 155↓
Court of Session Inner House First Division.
v.
Facts:
A new trial granted on the ground that the verdict was contrary to evidence.
The pursuers in this action are the widow and children of Joseph Richardson, a furnace-filler at Kinneil Iron Works, who received certain injuries on 18th May 1864 while in the defenders' employment, of which he died. The pursuers alleged that the injuries were received “through the fault of the defenders,” and were allowed an issue to prove this allegation. This issue was tried before the Lord President and a jury on 25th and 26th July 1865, when a verdict was returned for the pursuers by a majority of 10 to 2, the damages being assessed at £350.
The defenders having obtained a rule on the pursuers to show cause why a new trial should not be granted, on the ground that the verdict was contrary to evidence, and the pursuers having been heard thereon, the Court to-day made the rule absolute and granted a new trial, being of opinion that the verdict was not warranted by the evidence. The expenses of the trial were reserved.
Counsel for Pursuers— Mr Fraser and Mr F. W. Clark. Agent— Mr W. Mackersy, W.S.
Counsel for Defenders— Mr Gifford and Mr Macdonald. Agent— Mr George Cotton, S. S. C.