Mrs Janet Ferguson or Beattie, wife of John Beattie, 5 William Street, Mile End, Glasgow, pursuer, brought in the Court of Session, against the Corporation of the City of Glasgow, defenders, an action to recover pounds 500 as damages for personal injury received by her through the alleged defective lighting of the common stair at 108 Broad Street, Mile End, Glasgow, the Corporation being responsible under their Police Act of 1866 for supplying and lighting the gas in common stairs.
The Court of Session Act 1808, sec. 15, enacts-‘Hereafter no appeal to the House of Lords shall be allowed from interlocutory judgments, but such appeals shall be allowed only from judgments or decrees on the whole merits of the cause, except with the leave of the Division of the judges pronouncing such interlocutory judgments, or except in cases where there is a difference of opinion among the judges of the said Division.’
In an action to recover from a corporation damages for personal injury caused, as alleged, through defect in the lighting of a common stair for which it was by statute responsible, held that a judgment allowing an issue was an interlocutory judgment, and was, without leave and without a difference of opinion among the judges of the Division, not open for appeal to the House of Lords.
Judges:
Earl Loreburn, Viscount Haldane, Lord Shaw, and Lord Parmoor.
Citations:
[1916] UKHL 24
Links:
Jurisdiction:
Scotland
Personal Injury, Land
Updated: 10 July 2022; Ref: scu.630692