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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Romans v. North British Railway Co. (Ante, p. 142) [1867] ScotLR 5_316 (25 February 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0316.html
Cite as: [1867] SLR 5_316, [1867] ScotLR 5_316
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SCOTTISH_SLR_Court_of_Session
Page: 316↓
Court of Session Inner House Second Division.
v.
(Ante, p. 142).
Facts:
In an action of reparation for personal injury, new trial on the ground that the damages were excessive, refused.
This was an action of damages for personal injury, brought by Mr Romans, gas-engineer in Edinburgh, against the North British Railway Company. The case was tried at the last sittings, and resulted in a verdict for the pursuer with £1250 damages.
The defenders now moved for a rule upon the pursuer to show cause why the verdict should not be set aside on the ground of excess of damages; and the rule having been granted, counsel were heard last week, and the case was to-day advised.
Their Lordships refused to set aside the verdict, holding that the amount awarded was not so outrageous or extravagant as to imply improper motives, or passions, or prejudice on the part of the jury. It was only in such cases that the Court would interfere with an award of damages, at least where the elements of the damage consisted, as here, of solatium for past and prospective personal suffering, as well as compensation for past and prospective pecuniary loss.
Counsel for the Pursuer— Dean of Faculty and Alexander Blair. Agents— Hunter, Blair, & Cowan, W.S.
Counsel for the Defenders— Young and Gifford. Agents— Dalmahoy, Wood, & Cowan, W.S.