M'Nair v. Glasgow Corporation [1923] ScotLR 323 (03 February 1923)

M'Nair v. Glasgow Corporation [1923] ScotLR 323 (03 February 1923)

The jury was entitled, on the evidence, to find that the tramway car driver was at fault for failing to keep a proper lookout and control, and that the lorry driver was justified in crossing; there is no inflexible rule of law requiring side-road vehicles always to give way, and the standard is one of reasonable care in the circumstances. The verdict was not contrary to evidence or law.

Citation
[1923] ScotLR 323
Parties
Pursuer: Mrs Mary Buntin or M'Nair; Defender: Glasgow Corporation; Defender: John Steven & Company
Jurisdiction
Scotland
Judgment Date
03 February 1923
Procedural Posture
Jury Trial (civil Reparation) / Hearing on Rule for New Trial After Jury Verdict
Outcome
Rule for new trial discharged; jury verdict stands.
Legal Topics
Negligence, Reparation, Collision, Duties of Drivers, Main Road and Side Road Rules
Tort Personal Injury Road Traffic Law Negligence Reparation Collision Duties of Drivers Main Road and Side Road Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Mary Buntin or M'Nair

Pursuer

Glasgow Corporation

Defender

John Steven & Company

Defender

Procedural Posture

Jury Trial (civil Reparation) / Hearing on Rule for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the driver of the tramway car or the driver of the lorry was responsible for the collision and resulting injuries
  2. 2 Whether the jury's verdict exonerating the lorry driver and finding the tramway car driver liable was contrary to evidence or law
  3. 3 Whether a special rule of law requires side-road vehicles always to give way to main-road vehicles

Ratio Decidendi

The jury was entitled, on the evidence, to find that the tramway car driver was at fault for failing to keep a proper lookout and control, and that the lorry driver was justified in crossing; there is no inflexible rule of law requiring side-road vehicles always to give way, and the standard is one of reasonable care in the circumstances. The verdict was not contrary to evidence or law.

Court Disposition

Rule for new trial discharged; jury verdict stands.

Orders

  • Jury verdict in favour of pursuer against Glasgow Corporation and in favour of John Steven & Company stands.
  • No new trial granted.