Brown v. Glasgow Corporation [1922] ScotLR 417 (09 June 1922)

Brown v. Glasgow Corporation [1922] ScotLR 417 (09 June 1922)

A pursuer who suffers nervous shock resulting in physical injury, caused by reasonable fear for her own safety due to the defender's negligence, states a relevant case for inquiry. The duty of care owed by the driver extends to pedestrians on the footpath, and the pursuer's averments are sufficient to proceed to trial by jury.

Citation
[1922] ScotLR 417
Parties
Pursuer: Mrs Annie Boyd or Brown; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
09 June 1922
Procedural Posture
Reparation (damages for Personal Injuries) / Appeal From Lord Ordinary's Approval of Jury Trial Issue
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Nervous Shock, Remoteness of Damage, Duty of Care, Proof and Jury Trial, Relevancy of Pleadings
Tort Personal Injury Negligence Nervous Shock Remoteness of Damage Duty of Care Proof and Jury Trial Relevancy of Pleadings

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Parties

Mrs Annie Boyd or Brown

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Reparation (damages for Personal Injuries) / Appeal From Lord Ordinary's Approval of Jury Trial Issue

Legal Issues

  1. 1 Whether a pursuer can recover damages for nervous shock resulting in miscarriage caused by fear for her own safety due to a defendant's negligence
  2. 2 Whether the pleadings disclose a relevant case for inquiry
  3. 3 Whether the case should be tried by jury or proof

Ratio Decidendi

A pursuer who suffers nervous shock resulting in physical injury, caused by reasonable fear for her own safety due to the defender's negligence, states a relevant case for inquiry. The duty of care owed by the driver extends to pedestrians on the footpath, and the pursuer's averments are sufficient to proceed to trial by jury.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Pursuer's case allowed to proceed to jury trial.
  • No special cause shown to prevent jury trial.