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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Massie v. The Caledonian Railway Co. [1906] ScotLR 43_281 (16 January 1906)
URL: http://www.bailii.org/scot/cases/ScotCS/1906/43SLR0281.html
Cite as: [1906] SLR 43_281, [1906] ScotLR 43_281
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SCOTTISH_SLR_Court_of_Session
Page: 281↓
Court of Session Inner House First Division.
[Sheriff Court of Lanarkshire at Glasgow.
v.
Facts:
Observed, per Lord President, that the provision of section 40 of the Court of Session Act 1850 that “where an issue or issues is or are approved … it shall be competent to the Lord Ordinary in the cause, on the motion of either of the parties, to appoint a time and place for the trial of such issue or issues, such time being … except upon special cause shown, not later than three weeks from the date of such motion,” does not apply to cases appealed from the Sheriff Court for jury trial; and where such a case has been remitted to the Outer House the judge to whom the case is remitted may try it at any time before the next sittings, but if he is unable to do so notice may be given for such sittings.
This was an action in the Sheriff Court of Lanarkshire at Glasgow at the instance of Mrs Margaret Slessor or Massie against the Caledonian Railway Company for damages for the death of her son due to the alleged fault of the defenders. The pursuer
Page: 282↓
appealed to the First Division of the Court of Session for jury trial. In approving of the issue proposed by the pursuer and remitting the case to the Outer House, the Lord President observed—“It has been suggested in view of the provisions of section 40 of the Court of Session Act 1850 that when a case is appealed from the Sheriff Court for jury trial and is remitted to the Outer House, the judge to whom it is remitted must fix a day for the trial of the issue within three weeks. In my opinion that statutory provision has no application to appeals from the Sheriff Court for jury trial. It appears that in some cases of this sort when we have made a remit and the judge has been unable to give a diet within three weeks, notice has been given for the sittings. This is wholly unnecessary, for the judge to whom the case is remitted may try the case at any time before the next sittings. Of course these cases cannot be hung up indefinitely, and if the judge cannot give a day before the end of the session notice of trial for the sittings may be given.”
Counsel for Pursuer— Spens. Agents— Oliphant & Murray, W.S.