Milliken v. Glasgow Corporation and Others [1918] ScotLR 4 (19 July 1918)

Milliken v. Glasgow Corporation and Others [1918] ScotLR 4 (19 July 1918)

The collision was not caused by fault of the tramcar driver; the only reasonable inference is that the lorry, under the management of Chalmers & Butchart's servant, made an unexplained movement causing the collision. In such circumstances, a presumption of negligence arises against the lorry driver, which was not rebutted. The maxim res ipsa loquitur applies, and Chalmers & Butchart are liable for the pursuer's injuries.

Citation
[1918] ScotLR 4
Parties
Pursuer: Mrs Alice Diamond or Milliken; Defender: Corporation of the City of Glasgow; Defender: Chalmers & Butchart
Jurisdiction
Scotland
Judgment Date
19 July 1918
Procedural Posture
Civil Reparation (personal Injury) / Inner House, Second Division, Reclaiming Note (appeal)
Outcome
Reclaiming note refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Negligence, Res Ipsa Loquitur, Collision of Vehicles, Presumption of Fault, Damages
Tort Personal Injury Reparation Negligence Res Ipsa Loquitur Collision of Vehicles Presumption of Fault Damages

Case Brief

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Parties

Mrs Alice Diamond or Milliken

Pursuer

Corporation of the City of Glasgow

Defender

Chalmers & Butchart

Defender

Procedural Posture

Civil Reparation (personal Injury) / Inner House, Second Division, Reclaiming Note (appeal)

Legal Issues

  1. 1 Whether the lorry driver (servant of Chalmers & Butchart) was negligent and liable for the collision and resulting injury to the pursuer.
  2. 2 Whether the tramcar driver (servant of the Corporation of Glasgow) was negligent by driving at excessive speed or causing oscillation.
  3. 3 Whether the maxim res ipsa loquitur applies to infer negligence in the absence of direct evidence.

Ratio Decidendi

The collision was not caused by fault of the tramcar driver; the only reasonable inference is that the lorry, under the management of Chalmers & Butchart's servant, made an unexplained movement causing the collision. In such circumstances, a presumption of negligence arises against the lorry driver, which was not rebutted. The maxim res ipsa loquitur applies, and Chalmers & Butchart are liable for the pursuer's injuries.

Court Disposition

Reclaiming note refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Chalmers & Butchart found liable to pay £75 in damages to the pursuer.
  • Chalmers & Butchart found liable in expenses to the pursuer and the Corporation of Glasgow.