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Application by the defenders to the Court to enter judgment in their favour in terms of the Jury Trials Amendment (Scotland) Act 1910 (1 Geo. V, cap. 31), sec. 2, refused .
Mrs Annie M'Colgan or M'Ghee as an individual, and as tutrix and administratrix-in-law of her five pupil children, pursuer , brought an action against the Glasgow Coal Company, Limited, defenders , to recover damages in respect of the death of her husband, who died as the result of an accident sustained while working in a coal mine belonging to the defenders.
On 24th February 1922 the case was tried before Lord Sands and a jury, who returned a verdict for the pursuer assessing the damages at £600 for the pursuer as an individual and £150 for each of her five children.
At the hearing on the rule, argued for the pursuer—There being ample evidence to justify the jury arriving at the verdict at which they did, the Court ought not to interfere with their decision.
Lord President —The question is whether the verdict was contrary to the evidence, and it turns on a feature in the presentation of the pursuer's case to the jury, which is so far as I know without parallel among reported cases of this kind and is very unlikely to recur. It is necessary in the first instance to understand what the pursuer's case was.
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