Devlin v. Jeffray's Trustees [1902] ScotLR 40_92 (18 November 1902)
Ownership alone does not impose liability for injuries caused by dangerous unfenced pits on leased land absent invitation or proximity to a road; no relevant averments of invitation or duty; owner not liable.
- Citation
- [1902] ScotLR 40_92
- Parties
- Pursuer/appellant: John Devlin; Defenders/respondents: Trustees of the late John Jeffray of Cardowan
- Jurisdiction
- Scotland
- Judgment Date
- 18 November 1902
- Procedural Posture
- Reparation (damages) Action / Appeal From Dismissal for Irrelevancy
- Outcome
- appeal refused; dismissal affirmed
- Legal Topics
- Negligence, Duty to Public, Liability of Landowners, Obligation to Fence Dangerous Places, Invitation to Public, Lease and Occupation
Case Brief
Summary, issues, holding and outcome
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Parties
John Devlin
Pursuer/appellant
Trustees of the late John Jeffray of Cardowan
Defenders/respondents
Procedural Posture
Reparation (damages) Action / Appeal From Dismissal for Irrelevancy
Legal Issues
- 1 Whether landowners are liable for injuries caused by dangerous unfenced pits on leased land used by children with owner's knowledge but without express invitation
- 2 Whether mere ownership imposes a duty to fence dangerous places absent invitation or proximity to a road
Ratio Decidendi
Ownership alone does not impose liability for injuries caused by dangerous unfenced pits on leased land absent invitation or proximity to a road; no relevant averments of invitation or duty; owner not liable.
Court Disposition
appeal refused; dismissal affirmed
Orders
- action dismissed
- judgment of Sheriff-Substitute affirmed
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