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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Evans and Husband v. Stool and Others. (Ante, July 15, 1885, vol. xxii. p. 872, and July 8, 1886, vol. xxiii. p. 781; 12 R. 1295, 13 R. 1108.) [1886] ScotLR 24_90 (20 November 1886)
URL: http://www.bailii.org/scot/cases/ScotCS/1886/24SLR0090.html
Cite as: [1886] ScotLR 24_90, [1886] SLR 24_90
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SCOTTISH_SLR_Court_of_Session
Page: 90↓
Court of Session Inner House First Division.
v.
(Ante, July 15, 1885, vol. xxii. p. 872, and July 8, 1886, vol. xxiii. p. 781; 12 R. 1295, 13 R. 1108.)
Facts:
A woman obtained a verdict against the representatives of a man deceased who, falsely representing himself to be a single man, had married her, and so seduced her under colour of marriage. The action was not brought till sixteen years after the man's death, during which period the woman had married again, but it was brought very shortly after she learned of the fraud practised upon her. The jury awarded her £200 as damages. The Court, on a motion for a new trial, held that the damages were not so excessive as to justify the granting of a new trial.
The parties in this action, which has been previously reported, went to trial upon the issue, “Whether the deceased Alexander Stool, during the period from March 1867 to November 1868, courted the pursuer Mrs Fanny Evans, and professed honourable intentions towards her, and by means of such courtship and professions induced her to go through a pretended ceremony of marriage with him on or about 9th November 1868, and seduced her, and prevailed upon her to permit him to have carnal connection with her, to the loss, injury, and damage of the pursuers. Damages laid at £1500 sterling.” It was proved at the trial that the pursuer was unaware of the injury done her for sixteen years, viz., from 1869 till 1885. Stool died in 1869, and she married her present husband in 1872. The jury awarded her a sum of £200. The defender moved for a new trial on the ground of excessive damages. A rule was granted. After hearing counsel the rule was discharged, the Lord President observing, and the other Judges concurring in the observation, that he was of opinion that damages were excessive in amount, but not so excessive as to justify the Court in granting a new trial.
Counsel For Pursuers (Respondents)— Rhind— A. S. D. Thomson. Agent— Wm. Officer, S.S.C.
Counsel for Defenders (Reclaimers)— M'Kechnie— G. W. Burnet. Agent— George Andrew, S.S.C.