Scottish Court of Session Decisions

Subject_1Jury Trial
Subject_2Reparation
Subject_3Injury to Person. Headnote:

In this case the pursuer was Samuel Smith Millar, doctor of medicine, 64 Bellsize Park, Hamstead, Middlesex; and the defenders were the North British Railway Company. The issue submitted to the jury was in the following terms:—

“Whether, on or about the 18th November 1865, the pursuer, while, travelling as a passenger along the defenders line of railway and a part of said line at or near Heiton, between Roxburgh and Kelso Stations, was injured in his person through the fault of the defender, to the loss injury, and damage of the pursuer?”

Damages laid at £500.

On the part of the pursuer, it was averred that he travelled from Edinburgh by the train leaving at 4.15 p.m., on the 18th November, for Kelso, and that while proceeding on its way between Roxburgh and Kelso Stations the train came into collision, at or near Heiton, with a portion of a goods train which had been, through gross negligence and recklessness on the part of the defenders, or those for whom they are responsible, left standing on the main down line there, in the way of the passenger train in which the pursuer was travelling; that in consequence of the collision the pursuer was violently thrown into the bottom of the carriage, where he lay completely stunned and senseless for some time, that his back and right leg were much bruised, that he was quite lame, and that his nervous system received a severe shock, which, with the other injuries he had sustained, produced sleepless nights, loss of appetite, constant headache, and impaired sight.

On the part of the defenders, it was admitted that the collision took place, but it was denied that it was due to negligence and recklessness on their part, or on the part of others for whom they were responsible, and the injuries the pursuer stated he had sustained were also denied.