Tully v. North British Railway Co. [1907] ScotLR 715 (17 July 1907)

Tully v. North British Railway Co. [1907] ScotLR 715 (17 July 1907)

The deceased's act of crawling under stationary waggons without looking for approaching trains constituted contributory negligence, which directly caused his death. Even if the railway company was negligent, the deceased's own negligence precludes recovery. The jury's verdict was against the weight of evidence, and a new trial is warranted.

Parties
Pursuer: Mrs M. Blackie or Tully; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
17 July 1907
Procedural Posture
Reparation (damages for Death by Negligence) / Motion for New Trial After Jury Verdict
Outcome
Verdict set aside; new trial granted
Legal Topics
Negligence, Contributory Negligence, Jury Trial, Withdrawal of Case From Jury, Damages
Tort Law Personal Injury Railway Law Negligence Contributory Negligence Jury Trial Withdrawal of Case From Jury Damages

Case Brief

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Parties

Mrs M. Blackie or Tully

Pursuer

North British Railway Company

Defender

Procedural Posture

Reparation (damages for Death by Negligence) / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the deceased's conduct amounted to contributory negligence barring recovery
  2. 2 Whether the case should have been withdrawn from the jury
  3. 3 Whether the railway company was negligent and if such negligence was the cause of death

Ratio Decidendi

The deceased's act of crawling under stationary waggons without looking for approaching trains constituted contributory negligence, which directly caused his death. Even if the railway company was negligent, the deceased's own negligence precludes recovery. The jury's verdict was against the weight of evidence, and a new trial is warranted.

Court Disposition

Verdict set aside; new trial granted

Orders

  • Jury verdict for pursuer set aside
  • New trial ordered