Campbell and Cowan & Co. v. Train [1910] ScotLR 475 (16 March 1910)

Campbell and Cowan & Co. v. Train [1910] ScotLR 475 (16 March 1910)

The carter failed in his duty to look for oncoming traffic before emerging onto a main road, amounting to contributory negligence. This negligence contributed to the accident and disentitled the pursuers to damages, despite the motor car driver's excessive speed and lack of warning.

Citation
[1910] ScotLR 475
Parties
Pursuers (appellants): Campbell and Cowan & Company; Defender (respondent): John Train
Jurisdiction
Scotland
Judgment Date
16 March 1910
Procedural Posture
Reparation (damages for Negligence) / Appeal From Sheriff to Court of Session Inner House, Second Division
Outcome
Appeal dismissed; defender assoilzied (absolved) from liability.
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Duty of Care
Tort Law Road Traffic Law Negligence Contributory Negligence Road Traffic Accidents Duty of Care

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Parties

Campbell and Cowan & Company

Pursuers (appellants)

John Train

Defender (respondent)

Procedural Posture

Reparation (damages for Negligence) / Appeal From Sheriff to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the carter was guilty of contributory negligence in emerging onto the main road without looking for oncoming traffic
  2. 2 Whether the negligence of the motor car driver was the sole proximate cause of the accident or if the carter's actions contributed

Ratio Decidendi

The carter failed in his duty to look for oncoming traffic before emerging onto a main road, amounting to contributory negligence. This negligence contributed to the accident and disentitled the pursuers to damages, despite the motor car driver's excessive speed and lack of warning.

Court Disposition

Appeal dismissed; defender assoilzied (absolved) from liability.

Orders

  • Interlocutor of the Sheriff affirmed; pursuers not entitled to damages; no expenses awarded.