CHAPTER VIII. 



DAMAGES. 



Who may recover Damages, 167. Against whom Damages may be 

 recovered, 168. What may be recovered in Breach of Contract, and 

 Delict, 169-170. Measure of Damage where Hired Horse is injured, 

 171. Elements to be considered in cases of Personal Injury, 172-174. 



167. Who may Recover — Where any one is injured 

 either in person or property he has a claim of damages 

 against the party neghgently injuring him ; but a master has 

 no claim in Scotland against the injurer of his servant on 

 account of loss of service ; (a) this remedy, however, is com- 

 petent in England. Should the injured party survive for a 

 time, his right of action, unless discharged or barred by mora, 

 transmits to his representatives. (6) W^hen the injury causes 

 death, the children or parents, or the husband or wife of the 

 deceased injured party, but not his collateral relations, 

 acquire in their oami right a claim for damages and sola- 

 tium, (c) The parents of an illegitimate child, however, have 

 no such claim. (cZ) Again, if an injured party receive a sum 

 in name of damages, and grant a receipt bearing that it is 

 " in full of all claims competent," he has no further recourse 

 against the wrong-doer ; (e) and when one has received 

 reparation or brought an action to judgment for a delict or 



(a) Allan v. Barclay, 1864, 2 M. 873. 



(6) Auld V. Shairp, 1874, 2 R. 191 ; Lord Adain in W{(/ht v. Burns, 1883, 11 R. 

 217. 



(c) Greenhorn v. Addic, ISo.'J, 17 D. 860 ; Eldcn v. N. B. By. Co., 1870, 8 M. 

 981 ; Horn v. N. B. Ry. Co., 1878, 5 R. 1055. 



{d) Gierke v. Carfin Coal Co., 1891, 18 R., H.L. 63 ; Weir v. Coltness Iron Co., 

 1889, 16 R. 614. 



(e) N. B. By. Co. v. Wood, 1891, 18 R., H.L. 27. 



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