Scottish Court of Session Decisions

This was an action at the instance of the widow and the pupil children of the late Robert Stuart, farmer, Wraes, Kennethmont, Aberdeenshire, and the widow as guardian of the pupil children, against the Great North of Scotland Railway Company. The pursuers sought damages for the death of the said Robert Stuart, which was caused, as they alleged, by the fault of the company's servants, in allowing a train by which he was about to travel to start before he was safely seated, and in inviting and ordering the deceased to attempt to enter the train while in motion, in consequence of which he fell between the platform and the train, and sustained injuries from the effects of which he subsequently died.

An issue was adjusted for the trial of the cause by jury, and notice was given for the summer sittings.

On 9th July the pursuers moved for a commission and diligence to recover documents. The first article of the specification was as follows—“(1) The written reports made to the defenders by the stationmaster at Gartly Station, and by the guard and engine-driver of the 1.15 p.m. down train from Aberdeen to Huntly on 12th October last with reference to the accident to the deceased Robert Stuart at Gartly station, caused by said train, and the time of its arrival at and departure from said station.”

Counsel for the Railway Company objected to this article, and argued—These reports were confidential, and the pursuers were not entitled to get a diligence for recovery of them.

Argued for the pursuers—These reports were not confidential. There was no distinction between them and the letters and reports for recovery of which a diligence was granted in the case of Tannett, Walker, & Co. v. Hannay & Sons, July 18, 1873, 11 Macph. 931.

At advising—