Stevenson v. Glasgow Corporation [1908] ScotLR 860 (02 July 1908)
The Corporation of Glasgow owed no legal duty to fence the river Kelvin in the Botanic Gardens, as the danger was obvious and no unusual risk existed; liability cannot be imposed for accidents arising from natural features where the proximate cause is lack of parental supervision.
- Citation
- [1908] ScotLR 860
- Parties
- Pursuer: Duncan Stevenson; Defender: Corporation of the City of Glasgow
- Jurisdiction
- Scotland
- Judgment Date
- 02 July 1908
- Procedural Posture
- Reparation / Inner House Appeal on Relevancy
- Outcome
- action dismissed
- Legal Topics
- Negligence, Duty of Care, Liability for Accidents to Children, Public Parks, Fencing of Dangerous Places
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Duncan Stevenson
Pursuer
Corporation of the City of Glasgow
Defender
Procedural Posture
Reparation / Inner House Appeal on Relevancy
Legal Issues
- 1 Whether a local authority owes a duty to fence natural streams in public parks to protect children from accidental injury
- 2 Whether the pursuer's averments disclose a relevant case of negligence against the Corporation
- 3 Whether the proximate cause of the accident was the Corporation's alleged negligence or parental supervision
Ratio Decidendi
The Corporation of Glasgow owed no legal duty to fence the river Kelvin in the Botanic Gardens, as the danger was obvious and no unusual risk existed; liability cannot be imposed for accidents arising from natural features where the proximate cause is lack of parental supervision.
Court Disposition
action dismissed
Orders
- Lord Ordinary's interlocutor recalled
- No issue allowed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment