Macgregor v. Glasgow District Subway Co. [1901] ScotLR 38_480 (19 March 1901)
The pursuer's averments, if proved, could amount to negligence by the defenders in failing to regulate the number of passengers and provide for their safety; thus, the pursuer was entitled to an issue for jury trial.
- Citation
- [1901] ScotLR 38_480
- Parties
- Pursuer: Malcolm Macgregor; Defender: Glasgow District Subway Company
- Jurisdiction
- Scotland
- Judgment Date
- 19 March 1901
- Procedural Posture
- Reparation (personal Injury) / Appeal on Relevancy and Entitlement to Jury Trial
- Outcome
- Pursuer entitled to an issue; proposed issue approved for jury trial.
- Legal Topics
- Negligence, Duty of Care, Occupier's Liability, Overcrowding, Public Safety
Case Brief
Summary, issues, holding and outcome
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Parties
Malcolm Macgregor
Pursuer
Glasgow District Subway Company
Defender
Procedural Posture
Reparation (personal Injury) / Appeal on Relevancy and Entitlement to Jury Trial
Legal Issues
- 1 Whether the defenders were negligent in admitting more passengers to the platform than it could safely accommodate
- 2 Whether the defenders failed to take reasonable precautions for the safety of passengers on the platform
- 3 Whether the pursuer's averments disclosed a relevant case of negligence
Ratio Decidendi
The pursuer's averments, if proved, could amount to negligence by the defenders in failing to regulate the number of passengers and provide for their safety; thus, the pursuer was entitled to an issue for jury trial.
Court Disposition
Pursuer entitled to an issue; proposed issue approved for jury trial.
Orders
- Proof before answer allowed; issue for jury trial approved.
Full Case Text
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