A checker was run over and killed while engaged in checking waggons on railway sidings. His widow raised an action of damages against the railway company for the loss of her husband, and obtained a verdict. This verdict was set aside on the ground that there was contributory negligence on the part of the deceased. At the new trial the evidence was practically the same as at the first trial, and the pursuer again obtained a verdict. The defenders were granted a rule.
Held: The Court set aside the second verdict on the same ground on which they had set aside the first verdict and granted a third trial.
Citations:
[1904] SLR 42 – 165
Links:
Jurisdiction:
Scotland
Negligence, Personal Injury
Updated: 14 April 2022; Ref: scu.610098
