Horsburgh v. Sheach [1900] ScotLR 38_197 (11 December 1900)

The defender was not bound to contemplate that a child would climb onto the wall from a heap 30 inches below; no relevant negligence or duty breached.

Citation: [1900] ScotLR 38_197
Parties: Pursuer: Andrew Horsburgh; Defender: Robert Sheach junior
Jurisdiction: Scotland
Judgment Date: 11 December 1900
Procedural Posture: Reparation (damages) / Appeal From Sheriff Court, Inner House Second Division
Outcome: action dismissed as irrelevant
Legal Topics: Negligence, Precautions for Safety, Liability for Child Safety, Builder's Duty of Care

Tort Reparation Negligence Precautions for Safety Liability for Child Safety Builder's Duty of Care

Case Brief

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Parties

Andrew Horsburgh

Pursuer

Robert Sheach junior

Defender

Procedural Posture

Reparation (damages) / Appeal From Sheriff Court, Inner House Second Division

Legal Issues

1 Whether builder's deposit of materials near wall constituted negligence leading to child's death
2 Whether defender owed duty to prevent children from accessing dangerous area

Ratio Decidendi

The defender was not bound to contemplate that a child would climb onto the wall from a heap 30 inches below; no relevant negligence or duty breached.

Court Disposition

action dismissed as irrelevant

Orders

first plea-in-law for defender sustained
action dismissed