MACANDREW v. TILLARD [1908] ScotLR 111 (03 November 1908)

MACANDREW v. TILLARD [1908] ScotLR 111 (03 November 1908)

The collision was caused by the defender's chauffeur's negligence in attempting to cross the main road without sufficient control and failing to turn left to avoid the collision; pursuer was not at fault.

Citation
[1908] ScotLR 111
Parties
Pursuer: C. D. Macandrew; Defender: C. H. Tillard
Jurisdiction
Scotland
Judgment Date
03 November 1908
Procedural Posture
Reparation / Appeal From Sheriff Court Decision
Outcome
appeal allowed; defender found liable
Legal Topics
Negligence, Motor Vehicle Collision, Duty of Care, Contributory Negligence
Tort Traffic Law Negligence Motor Vehicle Collision Duty of Care Contributory Negligence

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Parties

C. D. Macandrew

Pursuer

C. H. Tillard

Defender

Procedural Posture

Reparation / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Was the collision caused by negligence of the defender's driver?
  2. 2 Did the pursuer contribute to the accident through his own negligence?

Ratio Decidendi

The collision was caused by the defender's chauffeur's negligence in attempting to cross the main road without sufficient control and failing to turn left to avoid the collision; pursuer was not at fault.

Court Disposition

appeal allowed; defender found liable

Orders

  • Defender liable to pursuer in damages assessed at £30