Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Die Jovis 26 Maii 1932, Note and Reclaiming Note

Reclaiming Note Page 7

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has lost wages and incurred expense as the result of her said illness. The sum sued for is a reasonable estimate of the loss, injury and damage she has sustained as condescended on. The averments in answer are denied. Prior to the incident condescended on, the pursuer suffered from no stomach trouble.

Ans. 4. Not known and not admitted. Explained that the alleged injuries are grossly exaggerated. Explained further that any illness suffered by the pursuer on and after 26th August 1928 was due to the bad condition of her own health at the time.

    COND. V. The defender has been called on, but has refused, to make reparation to the pursuer for the loss, injury and 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.


 

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.

No. 1 of Pro.

Reclaiming Note Page 7