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Where a jury give substantial damages, though only a portion of the random sum claimed, the rule is that expenses are carried; and, unless there is any glaring misconduct of the case, the Court will not go into the proof to see whether every part of the evidence was necessary for the success of the pursuer.
This case came before the Court upon a motion of the pursuer, to apply the verdict which had been given in his favour. On his afterwards moving for expenses, the defenders objected to his getting full costs of suit, on the grounds (1) that he had only got a verdict for a portion of the sum claimed; and (2) that he had led much irrelevant and unnecessary evidence, particularly as to the character of a certain road.
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In disposing of the question of expenses—
The
Solicitors: Agents for Pursuer— Leburn, Henderson & Wilson, W.S.