Goldberg v. Glasgow and South-Western Railway Co. [1907] ScotLR 740 (13 June 1907)

Goldberg v. Glasgow and South-Western Railway Co. [1907] ScotLR 740 (13 June 1907)

The pursuer's averments did not disclose any relevant fault or breach of duty by the railway company or its servants; the incident described was an ordinary risk of railway travel, and there was no invitation to alight or specific negligent act alleged. Therefore, no liability attached to the defenders.

Citation
[1907] ScotLR 740
Parties
Pursuer: Hyman Goldberg; Defender: Glasgow and South-Western Railway Company
Jurisdiction
Scotland
Judgment Date
13 June 1907
Procedural Posture
Reparation (personal Injury) / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
action dismissed
Legal Topics
Duty of Care, Negligence, Passenger Safety, Liability of Railway Companies
Tort Personal Injury Railway Law Duty of Care Negligence Passenger Safety Liability of Railway Companies

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Parties

Hyman Goldberg

Pursuer

Glasgow and South-Western Railway Company

Defender

Procedural Posture

Reparation (personal Injury) / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the railway company or its servants were at fault for the pursuer's injuries sustained due to a sudden movement of the train after stopping at a terminus platform.
  2. 2 Whether the facts averred by the pursuer disclosed a relevant case of negligence against the railway company.

Ratio Decidendi

The pursuer's averments did not disclose any relevant fault or breach of duty by the railway company or its servants; the incident described was an ordinary risk of railway travel, and there was no invitation to alight or specific negligent act alleged. Therefore, no liability attached to the defenders.

Court Disposition

action dismissed

Orders

  • Lord Ordinary's interlocutor recalled
  • action dismissed