It is important to remember that the debated and subsequent decision of Lord Moncrieff in favor of Mrs Donoghue concerned the law: "Did Stevenson owe a duty of care to Donoghue?" ?" This narrow question was asked as part of the broader objection that the claim in Ms Donoghue's writ disclosed no cause of action. Lord Moncrieff rejected Mr Stevenson's claim. If Mr. Had Stevenson chosen not to appeal Lord Moncrieff's decision, but rather to take his chances at a trial on questions of fact, Donoghue v Stevenson would perhaps have remained an unclear Scottish case, perhaps. be useful only to demonstrate that it is difficult for a The plaintiff will have to prove that she found a snail in her ginger beer if she cannot produce it at trial. At this point, it appears that Mr. Stevenson has gone. against the advice of his lawyers and asked them to appeal the Lord Ordinary's decision, rather than proceed to trial on the questions of fact. As might be expected, the Second Division s. is declared in favor of Mr. Stevenson Having lost in the Second Division, Mrs..