Tough v. North British Railway Co. [1914] ScotLR 225 (29 January 1914)

Tough v. North British Railway Co. [1914] ScotLR 225 (29 January 1914)

A railway company is liable for injury to a licensee on its premises caused by the negligence of its servants. The licensee does not assume the risk of negligent acts by the owner's servants; liability is not limited to concealed dangers or malicious acts. The starting of a train with an open door was not a normal incident, and the company owed a duty of care to refrain from negligent acts likely to injure licensees permitted on the premises.

Citation
[1914] ScotLR 225
Parties
Pursuer: Mrs Mary Tough; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
29 January 1914
Procedural Posture
Reparation (damages for Death by Negligence) / Appeal on Bill of Exceptions After Jury Verdict for Pursuer
Outcome
exceptions disallowed; verdict for pursuer affirmed
Legal Topics
Negligence, Liability to Licensees, Master and Servant, Duty of Care, Occupiers' Liability
Tort Law Railway Law Negligence Liability to Licensees Master and Servant Duty of Care Occupiers' Liability

Case Brief

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Parties

Mrs Mary Tough

Pursuer

North British Railway Company

Defender

Procedural Posture

Reparation (damages for Death by Negligence) / Appeal on Bill of Exceptions After Jury Verdict for Pursuer

Legal Issues

  1. 1 Is a railway company liable in damages for injury caused by the negligence of its servants to a licensee (not a passenger) on its premises?
  2. 2 Does a licensee take the risk of negligence by the owner's servants, or only of patent dangers?

Ratio Decidendi

A railway company is liable for injury to a licensee on its premises caused by the negligence of its servants. The licensee does not assume the risk of negligent acts by the owner's servants; liability is not limited to concealed dangers or malicious acts. The starting of a train with an open door was not a normal incident, and the company owed a duty of care to refrain from negligent acts likely to injure licensees permitted on the premises.

Court Disposition

exceptions disallowed; verdict for pursuer affirmed

Orders

  • bill of exceptions refused
  • rule for new trial discharged