Wallace v Bergius [1914] ScotCS CSIH_6 (10 December 1914)
The defender's driver was not guilty of contributory negligence because he acted reasonably in the emergency created by the pursuer's driver, who was solely at fault for remaining on the wrong side of the road until the last moment.
- Citation
- [1914] ScotCS CSIH_6
- Parties
- Pursuer: Wallace; Defender: Bergius
- Jurisdiction
- Scotland
- Judgment Date
- 10 December 1914
- Procedural Posture
- Delict (tort) / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Negligence, Contributory Negligence, Motor Vehicle Collisions
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Parties
Wallace
Pursuer
Bergius
Defender
Procedural Posture
Delict (tort) / Appeal
Legal Issues
- 1 Whether the defender's driver was guilty of contributory negligence in a motor vehicle collision
- 2 Whether the pursuer's driver was solely at fault for the accident
Ratio Decidendi
The defender's driver was not guilty of contributory negligence because he acted reasonably in the emergency created by the pursuer's driver, who was solely at fault for remaining on the wrong side of the road until the last moment.
Court Disposition
appeal dismissed
Orders
- Sheriff's decision affirmed
- Pursuer's claim dismissed
Full Case Text
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