Ward v. Abraham and Others [1910] ScotLR 252 (27 January 1910)

Ward v. Abraham and Others [1910] ScotLR 252 (27 January 1910)

Playing cricket in a back-green is not illegal or inherently negligent; absent averments of unlawful conduct or specific negligence, and without identification of the actual striker, no liability arises. Children of tender years are not presumed to have the foresight to anticipate danger, and joint liability does not attach unless all participants are engaged in an unlawful act.

Citation
[1910] ScotLR 252
Parties
Pursuer: John Ward, as tutor of his pupil child Mary Ward; Defender: Arthur Abraham; Defender: Charles Thomas; Defender: Gilbert Cunningham; Defender: Charles Robinson
Jurisdiction
Scotland
Judgment Date
27 January 1910
Procedural Posture
Reparation (damages) / Appeal From Dismissal of Action
Outcome
appeal dismissed; action dismissed
Legal Topics
Joint Liability, Children's Liability, Accidents, Dangerous Activities, Duty of Care
Tort Reparation Negligence Joint Liability Children's Liability Accidents Dangerous Activities Duty of Care

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Parties

John Ward, as tutor of his pupil child Mary Ward

Pursuer

Arthur Abraham

Defender

Charles Thomas

Defender

Gilbert Cunningham

Defender

Charles Robinson

Defender

Procedural Posture

Reparation (damages) / Appeal From Dismissal of Action

Legal Issues

  1. 1 Is playing cricket in a back-green an unlawful or negligent act?
  2. 2 Are children liable for negligence in such circumstances?
  3. 3 Is joint liability established when the actual striker is unknown?

Ratio Decidendi

Playing cricket in a back-green is not illegal or inherently negligent; absent averments of unlawful conduct or specific negligence, and without identification of the actual striker, no liability arises. Children of tender years are not presumed to have the foresight to anticipate danger, and joint liability does not attach unless all participants are engaged in an unlawful act.

Court Disposition

appeal dismissed; action dismissed

Orders

  • Sheriff's interlocutor affirmed
  • Action dismissed against all defenders