Watt v. Corporation of Glasgow [1919] ScotLR 225 (14 January 1919)

Watt v. Corporation of Glasgow [1919] ScotLR 225 (14 January 1919)

By majority, the defenders (Corporation of Glasgow) were liable for the injuries sustained by the pursuers due to negligence of the conductress in being absent from the platform at a stop-if-required station and the driver in failing to reduce speed at a curve, which was the proximate cause of the accident. There was no contributory negligence by the pursuers, as their presence on the platform was justified by the circumstances and not inherently negligent.

Citation
[1919] ScotLR 225
Parties
Pursuers: Frances Watt (with consent and concurrence of Thomas Watt, her father, as curator and administrator-in-law) and Thomas Watt (as tutor and administrator-in-law of Robert Watt); Defenders: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
14 January 1919
Procedural Posture
Reparation (personal Injury) / Inner House, First Division, Court of Session (appeal/reclaiming Motion)
Outcome
Appeal dismissed by majority; defenders held liable; damages awarded to pursuers.
Legal Topics
Negligence, Contributory Negligence, Carrier Liability, Duties of Tramway Staff, Causation
Tort Law Personal Injury Transport Law Negligence Contributory Negligence Carrier Liability Duties of Tramway Staff Causation

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Parties

Frances Watt (with consent and concurrence of Thomas Watt, her father, as curator and administrator-in-law) and Thomas Watt (as tutor and administrator-in-law of Robert Watt)

Pursuers

Corporation of Glasgow

Defenders

Procedural Posture

Reparation (personal Injury) / Inner House, First Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether the absence of the conductress from the rear platform at a stop-if-required station constituted negligence
  2. 2 Whether the driver was negligent in failing to reduce speed at a curve
  3. 3 Whether the pursuers (passengers) were guilty of contributory negligence by being on the platform

Ratio Decidendi

By majority, the defenders (Corporation of Glasgow) were liable for the injuries sustained by the pursuers due to negligence of the conductress in being absent from the platform at a stop-if-required station and the driver in failing to reduce speed at a curve, which was the proximate cause of the accident. There was no contributory negligence by the pursuers, as their presence on the platform was justified by the circumstances and not inherently negligent.

Court Disposition

Appeal dismissed by majority; defenders held liable; damages awarded to pursuers.

Orders

  • Award of £50 damages to Frances Watt
  • Award of £50 damages to Robert Watt