M'Manus v. Armour [1901] ScotLR 38_791 (10 July 1901)

M'Manus v. Armour [1901] ScotLR 38_791 (10 July 1901)

The pursuer's averments were held irrelevant because she continued to use the wash-house with knowledge of the defect, and any injury sustained was due to her own want of care; thus, the landlord was not liable.

Citation
[1901] ScotLR 38_791
Parties
Pursuer: Catherine Martin or M'Manus; Defender: William Armour
Jurisdiction
Scotland
Judgment Date
10 July 1901
Procedural Posture
Civil Appeal (reparation for Personal Injury) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Negligence, Personal Injury, Occupier's Liability, Duty to Repair, Contributory Negligence
Tort Landlord and Tenant Negligence Personal Injury Occupier's Liability Duty to Repair Contributory Negligence

Case Brief

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Parties

Catherine Martin or M'Manus

Pursuer

William Armour

Defender

Procedural Posture

Civil Appeal (reparation for Personal Injury) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a landlord is liable in damages for injuries to a tenant caused by a known defect in common property when the tenant continues to use the premises despite knowledge of the danger.
  2. 2 Whether the pursuer's averments disclose a relevant case for proof.

Ratio Decidendi

The pursuer's averments were held irrelevant because she continued to use the wash-house with knowledge of the defect, and any injury sustained was due to her own want of care; thus, the landlord was not liable.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Action dismissed as irrelevant.
  • Sheriff's judgment affirmed.