Snee v. Durkie [1903] ScotLR 41_39 (07 November 1903)

Snee v. Durkie [1903] ScotLR 41_39 (07 November 1903)

The defender successfully rebutted the presumption of fault by proving the accident was caused by a latent defect in the harness not discoverable by ordinary inspection, and no fault was established on the part of the owner or driver.

Citation
[1903] ScotLR 41_39
Parties
Pursuer: Patrick Snee; Pupil Child: Christina Snee; Defender: David Durkie junior
Jurisdiction
Scotland
Judgment Date
07 November 1903
Procedural Posture
Action for Damages / Appeal From Sheriff Court at Dundee
Outcome
appeal sustained, defender assoilzied
Legal Topics
Negligence, Presumption of Fault, Latent Defect, Onus of Proof
Tort Reparation Negligence Presumption of Fault Latent Defect Onus of Proof

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Parties

Patrick Snee

Pursuer

Christina Snee

Pupil Child

David Durkie junior

Defender

Procedural Posture

Action for Damages / Appeal From Sheriff Court at Dundee

Legal Issues

  1. 1 Is the owner of a horse and van liable for injuries caused by a runaway horse due to a latent defect in the harness?
  2. 2 Does the presumption of fault against the owner stand when evidence shows no fault or negligence?
  3. 3 Is liability established solely by ownership or must fault be proved?

Ratio Decidendi

The defender successfully rebutted the presumption of fault by proving the accident was caused by a latent defect in the harness not discoverable by ordinary inspection, and no fault was established on the part of the owner or driver.

Court Disposition

appeal sustained, defender assoilzied

Orders

  • Recall the interlocutor appealed against
  • Find it has not been proved that the accident complained of was due to any fault on the part of defender