Hastie v. The City of Edinburgh [1907] ScotLR 829 (02 July 1907)

The defenders were not liable because there is no actionable negligence in failing to fence or supervise an artificial pond in a public park, even if frequented by children. The proximate cause of the accident was the child being unattended, not any fault in the construction or supervision of the pond.

Citation: [1907] ScotLR 829
Parties: Pursuer: Charles Hastie; Defenders: The Lord Provost, Magistrates, and Town Council of Edinburgh
Jurisdiction: Scotland
Judgment Date: 02 July 1907
Procedural Posture: Reparation (damages for Negligence) / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome: defenders assoilzied (absolved); appeal dismissed; court adhered to Lord Ordinary's decision
Legal Topics: Negligence, Duty of Care, Liability for Dangerous Premises, Public Parks, Child Safety

Tort Public Liability Negligence Duty of Care Liability for Dangerous Premises Public Parks Child Safety

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Charles Hastie

Pursuer

The Lord Provost, Magistrates, and Town Council of Edinburgh

Defenders

Procedural Posture

Reparation (damages for Negligence) / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

1 Whether the defenders owed a duty of care to prevent harm to children from an artificial pond in a public park
2 Whether the construction and supervision of the pond amounted to actionable negligence

Ratio Decidendi

Court Disposition

defenders assoilzied (absolved); appeal dismissed; court adhered to Lord Ordinary's decision