M'Coll v. The Alloa Coal, Co., Ltd

Subject_1 Process Subject_2 Sheriff-Sheriff Courts (Scotland) Act 1907 (7 Edw. VII, cap. 51), sec. 31 Subject_3 Jury Trial Subject_4 Misdirection — Appeal — New Trial.

Expenses — Sheriff Court — Jury Trial — Misdirection — Appeal — New Trial — Expenses of Trial and Appeal. Facts: Circumstances in which the Court, set aside the verdict of a jury in the Sheriff Court in an action for damages at common law, or alternatively under the Employers' Liability Act 1880, and ordered a new trial on the ground of misdirection.

Circumstances in which the Court set aside the verdict of a jury in the Sheriff Court, on the ground of misdirection, and ordered a new trial, but found neither party entitled to expenses.

Mrs Bridget O'Donnell or M'Coll raised an action in the Sheriff Court at Stirling against the Alloa Coal Company, Limited, for damages at common law, or alternatively under the Employers' Liability Act 1880 (43 and 44 Vict. cap. 42) in respect of the death of her husband Daniel M'Coll, who was killed while at work in one of the defenders' pits.

On 4th September 1908 the Sheriff-Substitute ( Mitchell ), on the motion of the pursuer, appointed the action to be tried by jury in terms of section 31 of the Sheriff Courts (Scotland) Act 1907 (7 Edw. VII, cap. 51), and thereafter on 15th October pronounced an interlocutor appointing the following questions to be put to the jury:—“(1) Was the death of the said Daniel M'Coll due to the fault of the defenders themselves. (2) Was defenders' system of work defective, and was the death of Daniel M'Coll due thereto: (3) Was the