M'Master v. The Caledonian Railway Co.

Subject_1 Reparation Subject_2 Railway Subject_3 Personal Injury Subject_4 Death of Injured Person after Raising of Action — Executor — Excessive Damage. Facts: The pursuer of an action of damages for personal injury died shortly after the action was raised, but his father and executor was sisted, and recovered from a jury an award of damages. In an application by the defenders to have the verdict set aside, Page: 182 ↓

Question —Whether the amount of damages recoverable by an executor in such circumstances was limited to the pecuniary loss actually sustained by the deceased and a sum by way of solatium for the suffering which he endured during his survivance?

On 26th May the Lord Ordinary deleted the case from the roll in consequence of the pursuer's death.

On 23d June the Lord Ordinary sisted William M'Master, who was the deceased Robert M'Master's father and his executor, and reinstated the case in the roll.

The record was thereafter closed, and the case went to trial before a jury on the following issue:—“Whether, on or about 20th September 1884, in consequence of a collision on the defenders' line of railway near their Mossend Station, the now deceased Robert M'Master was injured in his person through the fault of the defenders, to the loss, injury, and damage of the said Robert M'Master, and of the pursuer as in his right and as representing him. Damages laid at £1500.”