THOMAS WALKER v JAMES RITCHIE Session Jury Sittings

The cause was advocated on section 40. of 6. Geo. IV. c. 120, the record having been made up in the inferior court, and the parties went to trial upon the following issue: ‘Whether, at or near the Whins toll-house, on the road from Alloa to Tillycoultry, on or about the 24th day of June 1834, the defender assaulted, and wrongfully struck or cut and wounded the pursuer with a scythe, to the loss, injury and damage of the pursuer?’ Damages laid at L.500.

A medical man, who dressed the wound and attended the patient, was examined as to the extent of the injury, and was asked to read a report which he admitted he had made up in October, the accident having happened in June. On initial examination by the Dean of Faculty , whether he had made notes at the time, and the witness having stated that he had not, the Lord Justice-Clerk did not think the document could be read. Robertson withdrew the witness.

Lord Ordinary, Moncreiff. Judge at Trial, Lord Justice-Clerk, (Boyle.) Act. P. Robertson and Patton. Alt. Dean of Fac. (Hope,) and Ja. Anderson, Ritchie & Hill, W.S. and Mackintosh & Gemmell, S.S.C. Agents. Mr Russell, Clerk.