Reid v Lanarkshire Traction Co: SCS 1934

(Inner House) The shortening of life was accepted as a head of damage: ‘while the doctrine of an award in respect of the shortening of life may have originated in the theory of mental disquiet about the prospect or the possibility of death . . . that doctrine is now a matter positivi juris irrespective of the presence or absence of evidence as to the sufferer’s state of mind in the particular case’. But, Lord Devlin said, he should warn the jury that the weight to be given to this element must be moderate and they must not consider what price the man would have put upon his life.

Lord Blackburn Lord Devlin
1934 SC 79
Cited by:
CitedBenham v Gambling HL 1941
The injured person was a child of two and a half. He was unconscious from the moment of the accident until his death, which occurred later on the same day. He had acquired at the time of injury a cause of action for loss of expectation of life.
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 30 November 2021; Ref: scu.654041