M'Kiernan v. Corporation of Glasgow

John M'Keirnan, boiler and steam-pipe coverer, 12 Newton Street, Partick, pursuer , brought an action against the Corporation of Glasgow, defenders , concluding for decree for £250 damages for the death of his infant son, alleged to have been caused by the fault of the defenders' servants.

The evidence led for the pursuer was to the following effect:—The pursuer was twenty-nine years of age and his wife was twenty-five. At the date of the accident (1st April 1918) they had one other child, a daughter about two years old. The pursuer's wife, who was carrying the child in question, aged six months, was thrown off a tramway car, and the child was so seriously injured that it died the following day. The only evidence as regards solatium was to the effect that the pursuer and his wife felt the death of their son very much.

Counsel for the defenders offered £100 to the pursuer, which offer counsel for pursuer stated that he was willing to accept in the event of the Court being of opinion that the damages were excessive.

Lord President —We are asked to set aside this verdict on the sole ground that the amount awarded by the jury is excessive. The sum claimed was £250, and the jury have awarded the whole sum claimed. They were confronted, as your Lordships are confronted, by what appears to be an almost impossible task—to measure a parent's grief for the loss of an infant, in pounds, shillings, and pence. But our law allows such an action, and however difficult it may be to estimate the amount of damage we must face the task.

Now the pursuer was a boiler and steam-pipe coverer in Glasgow. His child was five or six months old. It was not killed at the time when the accident actually took place, but died afterwards from injuries then received; and the sole evidence in the case is that he and his wife were much attached to their child. There are, therefore, no peculiarities of any kind or specialties of Page: 286 ↓