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Subject_1 New Trial. Facts: Motion for a rule on the ground that a verdict was contrary to evidence refused, the sole question before the jury being one of credibility. Observations as to the principles on which new trials on that ground should be allowed.
This was a motion for a rule. In an action of damages at the instance of the widow and children of a fireman at Soleagirth Colliery, near Kirkintilloch, who was killed there on 6th June 1865, the issue, whether the death was caused through the fault of the defender, was tried before the Lord President and a jury on 9th and 10th April 1866. The jury by a majority of nine to three found for the pursuers, and assessed the damages at £100 to the widow, and £5, £10, and £20 to the three children respectively.
Lord President —I must confess at the trial I concurred with the opinion of the minority of the jury; but the case was a very nice one, and as your Lordships agree that the motion for a rule should be refused, I am not prepared to dissent.
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