Hendry v. M'Dougall [1923] ScotLR 198 (24 January 1923)

Hendry v. M'Dougall [1923] ScotLR 198 (24 January 1923)

The defender's servant was negligent in leaving the horse unattended in a public street, out of his control and not in sufficient proximity to prevent it bolting. This negligence caused the pursuer's injuries, and the owner is vicariously liable. The circumstances did not justify leaving the horse unattended, and the risk should not fall on innocent pedestrians.

Citation
[1923] ScotLR 198
Parties
Pursuer: Mrs Jane Anderson or Hendry; Defender: Elizabeth M'Dougall
Jurisdiction
Scotland
Judgment Date
24 January 1923
Procedural Posture
Reparation (damages for Personal Injury) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal allowed; interlocutors of the Sheriffs recalled; decree for pursuer
Legal Topics
Liability for Unattended Animals, Duty of Care, Vicarious Liability, Standard of Care in Public Places
Tort Personal Injury Negligence Liability for Unattended Animals Duty of Care Vicarious Liability Standard of Care in Public Places

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Parties

Mrs Jane Anderson or Hendry

Pursuer

Elizabeth M'Dougall

Defender

Procedural Posture

Reparation (damages for Personal Injury) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the owner of a horse and cart is liable for injuries caused when the horse, left unattended in a public street by the owner's servant, bolts and injures a pedestrian.
  2. 2 Whether leaving a horse unattended in a public street constitutes negligence per se or is a question of circumstances.

Ratio Decidendi

The defender's servant was negligent in leaving the horse unattended in a public street, out of his control and not in sufficient proximity to prevent it bolting. This negligence caused the pursuer's injuries, and the owner is vicariously liable. The circumstances did not justify leaving the horse unattended, and the risk should not fall on innocent pedestrians.

Court Disposition

appeal allowed; interlocutors of the Sheriffs recalled; decree for pursuer

Orders

  • Defender found liable for damages to pursuer.
  • Decree granted for £70 as agreed damages.