M'Lean and Others v. Glasgow Corporation [1918] ScotLR 619 (06 June 1918)

M'Lean and Others v. Glasgow Corporation [1918] ScotLR 619 (06 June 1918)

The proximate cause of Mrs M'Lean's death was her own contributory negligence in failing to look for the tramcar before crossing the rails, or in misjudging the risk in attempting to cross in front of an approaching tramcar. This negligence precludes recovery of damages from the defenders.

Citation
[1918] ScotLR 619
Parties
Pursuers: Joseph M'Lean and others; Defenders: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
06 June 1918
Procedural Posture
Action for Damages (reparation) / Appeal (reclaiming Motion) From Lord Ordinary's Judgment
Outcome
Appeal dismissed; judgment for defenders affirmed.
Legal Topics
Negligence, Contributory Negligence, Tramway Accidents, Duty of Care
Tort Personal Injury Negligence Contributory Negligence Tramway Accidents Duty of Care

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Parties

Joseph M'Lean and others

Pursuers

Glasgow Corporation

Defenders

Procedural Posture

Action for Damages (reparation) / Appeal (reclaiming Motion) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether the defenders (tramway operators) were negligent in the operation of the tramcar resulting in Mrs M'Lean's death
  2. 2 Whether Mrs M'Lean was guilty of contributory negligence barring recovery

Ratio Decidendi

The proximate cause of Mrs M'Lean's death was her own contributory negligence in failing to look for the tramcar before crossing the rails, or in misjudging the risk in attempting to cross in front of an approaching tramcar. This negligence precludes recovery of damages from the defenders.

Court Disposition

Appeal dismissed; judgment for defenders affirmed.

Orders

  • Defenders assoilzied (absolved) from liability; no damages awarded to pursuers.