Donoghue v Stevenson

Textual versions of document images

Donoghue v Stevenson – Appeal Papers – Appellant’s Case

Appellant's Case Page 8

View an image of the original document

Appellant's Case

RECORD
(As Amended)


Condescendence and Answers

8

damage she has sustained as condescended on. The present action has, accordingly, been rendered necessary.

Ans. 5. Admitted that the defender has been called on, but has refused, to make reparation to the pursuer. Quoad ultra denied.


Pleas in Law for Pursuer.
No. 1 of Pro.

3. — PLEAS IN LAW for PURSUER.

    1. The pursuer having sustained loss, injury and damage through the fault of the defender, is entitled to reparation therefor from the defender.

    2. The sum sued for being reasonable, decree should be pronounced as concluded for.

In respect whereof,

HERBERT MACPHERSON, Solicitor,
22 Rutland Square, Edinburgh.


Pleas in Law for Defender.
No. 5 of Pro.

4. — PLEAS IN LAW for DEFENDER.

    1. The pursuer's averments being irrelevant and insufficient to support the conclusions of the Summons, the action should be dismissed.

    2. The pursuer's averments, so far as material, being unfounded in fact, the defender should be assoilzied.

    3. The pursuer not having suffered any injury through the fault of the defender, he should be assoilzied.

    4. In any event the sum sued for is excessive.

In respect whereof,

J. L. CLYDE.

Appellant's Case Page 8