Wilson v. Wordie & Co. [1905] ScotLR 42_716 (11 July 1905)

Wilson v. Wordie & Co. [1905] ScotLR 42_716 (11 July 1905)

The pursuer failed to state a relevant case of fault against the defenders, as there was no averment of inherent vice or viciousness in the horses, and no duty lay on the defenders to ensure the horses were trained for artillery purposes; liability to the public rests with the party in control of the horses at the time of the accident, not the hirer-out.

Citation
[1905] ScotLR 42_716
Parties
Pursuer: William Brown Wilson; Defender: Wordie & Company
Jurisdiction
Scotland
Judgment Date
11 July 1905
Procedural Posture
Civil Reparation (damages) / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed
Legal Topics
Negligence, Liability for Animals, Hiring of Chattels, Duty of Care, Reparation
Tort Contract Negligence Liability for Animals Hiring of Chattels Duty of Care Reparation

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Parties

William Brown Wilson

Pursuer

Wordie & Company

Defender

Procedural Posture

Civil Reparation (damages) / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether a party hiring out horses for use in public streets owes a duty of care to members of the public for accidents caused by the horses while under the control of the hirer.
  2. 2 Whether the averments of unsuitability and lack of training of the horses supplied are sufficient to constitute a relevant case of fault against the hirer-out.

Ratio Decidendi

The pursuer failed to state a relevant case of fault against the defenders, as there was no averment of inherent vice or viciousness in the horses, and no duty lay on the defenders to ensure the horses were trained for artillery purposes; liability to the public rests with the party in control of the horses at the time of the accident, not the hirer-out.

Court Disposition

appeal dismissed; action dismissed

Orders

  • Sustains first plea-in-law for defenders; disallows proposed issue for pursuer; dismisses the action; decerns.