Mars v. Glasgow Corporation [1940] ScotCS CSIH_1 (02 February 1940)

Mars v. Glasgow Corporation [1940] ScotCS CSIH_1 (02 February 1940)

Glasgow Corporation was liable because, having admitted the sudden stop and resulting injuries, they failed to prove that the accident was caused by a third party. The onus was on the Corporation to establish the alternative explanation, which they did not discharge.

Citation
[1940] ScotCS CSIH_1
Parties
Pursuer: Mrs Mars; Pursuer: Mr Mars (as tutor for Margaret Mars); Defender: Glasgow Corporation; Defender: Miss M'Ginnis
Jurisdiction
Scotland
Judgment Date
02 February 1940
Procedural Posture
Delict (personal Injury) / Appeal From Sheriff Substitute
Outcome
Appeal allowed in part; judgment against Glasgow Corporation; claim against Miss M'Ginnis dismissed (not proven)
Legal Topics
Negligence, Onus of Proof, Res Ipsa Loquitur, Liability of Public Transport Operators
Tort Personal Injury Delict Negligence Onus of Proof Res Ipsa Loquitur Liability of Public Transport Operators

Case Brief

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Parties

Mrs Mars

Pursuer

Mr Mars (as tutor for Margaret Mars)

Pursuer

Glasgow Corporation

Defender

Miss M'Ginnis

Defender

Procedural Posture

Delict (personal Injury) / Appeal From Sheriff Substitute

Legal Issues

  1. 1 Whether Glasgow Corporation was liable for injuries caused by sudden braking of tramway car
  2. 2 Whether liability could be transferred to a third-party motorist (Miss M'Ginnis)
  3. 3 Proper allocation of onus of proof in cases involving alternative explanations for injury

Ratio Decidendi

Glasgow Corporation was liable because, having admitted the sudden stop and resulting injuries, they failed to prove that the accident was caused by a third party. The onus was on the Corporation to establish the alternative explanation, which they did not discharge.

Court Disposition

Appeal allowed in part; judgment against Glasgow Corporation; claim against Miss M'Ginnis dismissed (not proven)

Orders

  • Glasgow Corporation held liable for injuries to Mrs Mars and Margaret Mars
  • Claim against Miss M'Ginnis dismissed as not proven