Keeney v. Stewart [1909] ScotLR 546 (12 March 1909)

Keeney v. Stewart [1909] ScotLR 546 (12 March 1909)

The pursuer failed to prove either that the defender was bound to maintain the ventilating trap or that, assuming such a duty, the defender was negligent. The verdict was contrary to evidence and not supported by proof of duty or fault.

Citation
[1909] ScotLR 546
Parties
Pursuer: Michael Keeney; Defender: John Stewart
Jurisdiction
Scotland
Judgment Date
12 March 1909
Procedural Posture
Personal Injury Action / Bill of Exceptions and Motion for New Trial
Outcome
exceptions disallowed; verdict set aside; new trial granted
Legal Topics
Negligence, Liability for Defects in Pavement, Duty of Care, Competency of Bill of Exceptions, New Trial
Tort Civil Procedure Negligence Liability for Defects in Pavement Duty of Care Competency of Bill of Exceptions New Trial

Case Brief

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Parties

Michael Keeney

Pursuer

John Stewart

Defender

Procedural Posture

Personal Injury Action / Bill of Exceptions and Motion for New Trial

Legal Issues

  1. 1 Whether the defender owed a duty to maintain the ventilating trap and pavement
  2. 2 Whether the defender was negligent
  3. 3 Competency of bill of exceptions for refusal to withdraw case from jury

Ratio Decidendi

The pursuer failed to prove either that the defender was bound to maintain the ventilating trap or that, assuming such a duty, the defender was negligent. The verdict was contrary to evidence and not supported by proof of duty or fault.

Court Disposition

exceptions disallowed; verdict set aside; new trial granted

Orders

  • exceptions disallowed
  • verdict set aside