Young v. Campbell [1923] ScotLR 181 (15 December 1923)

Young v. Campbell [1923] ScotLR 181 (15 December 1923)

The pursuer's own averments established that the defect was open and obvious, not a concealed trap. In such circumstances, the defenders owed no duty to remedy the defect, and the pursuer, by continuing to use the court, accepted the risk. No relevant case for negligence was made out against the defenders.

Citation
[1923] ScotLR 181
Parties
Pursuer: Mrs Agnes Dick or Young; Defenders: Mrs Jessie M. Campbell and others
Jurisdiction
Scotland
Judgment Date
15 December 1923
Procedural Posture
Reparation (damages) Action / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
action dismissed
Legal Topics
Landlord Liability, Negligence, Occupiers' Liability, Common Property, Duty of Care
Tort Property Law Landlord Liability Negligence Occupiers' Liability Common Property Duty of Care

Case Brief

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Parties

Mrs Agnes Dick or Young

Pursuer

Mrs Jessie M. Campbell and others

Defenders

Procedural Posture

Reparation (damages) Action / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the owners of a tenement are liable in damages for injuries caused by an obvious defect in the pavement of a common court used by tenants and their families.
  2. 2 Whether the pursuer's averments are relevant to establish liability for negligence where the defect was open and obvious, not a concealed trap.

Ratio Decidendi

The pursuer's own averments established that the defect was open and obvious, not a concealed trap. In such circumstances, the defenders owed no duty to remedy the defect, and the pursuer, by continuing to use the court, accepted the risk. No relevant case for negligence was made out against the defenders.

Court Disposition

action dismissed

Orders

  • interlocutor of the Sheriff-Substitute recalled
  • action dismissed