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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lawson v. Ferguson [1866] ScotLR 2_69 (6 June 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0069.html
Cite as: [1866] ScotLR 2_69, [1866] SLR 2_69
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SCOTTISH_SLR_Court_of_Session
Page: 69↓
Court of Session Inner House First Division.
Jury Trial.
(Before
v.
Facts:
In a trial of an action for breach of promise of marriage, held (per Lord Kinloch) that a party could not ask a witness what he had been told by himself on a particular occasion.
In this case the following issue was sent to trial:—
“Whether, in or about the month of December 1865, the defender promised and engaged to marry the pursuer; and whether the defender has wrongfully failed to implement the said promise and engagement, to the loss, injury, and damage of the pursuer?”
Damages laid at £1000.
In the course of the evidence it was proposed by the counsel for the defender to ask one of his own witnesses what the defender had said to him on a particular occasion.
Millar for the pursuer ( Burnet with him) objected that the question was incompetent.
Gifford, for the defender ( Mair with him), urged that as the defender was not a competent witness in a breach of promise of marriage case, the evidence proposed should be allowed.
The jury, after an absence of three hours, returned a unanimous verdict for the pursuer; and by a majority of 9 to 3 assessed the damages at £50.
Solicitors: Agent for Pursuer— W. S. Stuart, S.S.C.
Agent for Defender— W. Officer, S.S.C.