Scottish Court of Session Decisions

John Wallace died on 29th June 1887 from injuries received by his being thrown out of a car which collided with a bread van belonging to the West Calder Co-operative Society on 20th April previously. His widow subsequently brought an action of damages against the company, which was tried before Lord Lee and a jury in November 1887, when a verdict was returned for the pursuer—the damages being assessed at £900—being £800 as damages, and £100 as solatium.

The defenders afterwards obtained a rule on the ground of excessive damages.

It was proved at the trial that Wallace was a builder in West Calder, and that he also held the offices of inspector of poor and collector of poor-rates for Livingstone parish. His income was admitted to be £150 per annum from all sources. His widow, who was forty years of age, was left without means.

The pursuer in showing cause argued that the amount of damages must be clearly exorbitant before the Court would interfere— Landell v. Landell, March 6, 1841, 3 D. 819; Shields v. North British Railway Company, Nov. 24,. 1874, 2 R. 126; Young v. Glasgow Tramway Company, Nov. 29, 1882, 10 R. 242. There had been cases where the Court had reduced such damages— Johnston v. Dilke, June 16, 1875, 2 R. 236—either where they had been on the face of them unreasonable, or where no substantial injury had been sustained, but the present was not one of these. In a recent case the Court had refused to set aside a verdict where a father was awarded £400 for the death of his son, a lad of sixteen— M'Master v. Caledonian Railway Company, Nov. 27, 1885, 13 R. 252.

The defenders argued that the deceased had not been engaged in any prosperous and increasing business, particularly looking to the fact that £80 of his admitted income of £150 came from the public offices which he held. The £100 given as solatium was not objected to, but otherwise the amount given was practically double what it ought to have been.

At advising—