The pursuer was travelling as a passenger on a vessel which sank after colliding with another vessel while on passage from Glasgow to Dublin. It was common ground that she was entitled to damages for the personal injuries which she sustained and any loss attributable to her disability. But she sought also to recover loss due to the fact that some members of an orchestra which she had formed were drowned and others injured, resulting in the disbandment of the orchestra and the loss to her of what had been a profitable enterprise.
Held: Applying the grand rule, while the members of the orchestra had a right of action for their own personal injuries and losses, no action lay at the pursuer’s instance for the loss which she had sustained due to the loss of their services.
Citations:
1925 SC 725
Cited by:
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Lists of cited by and citing cases may be incomplete.
Scotland, Negligence, Damages
Updated: 13 May 2022; Ref: scu.196523
