M'Caffery v. Lanarkshire Tramways Co. [1910] ScotLR 691 (23 March 1910)

M'Caffery v. Lanarkshire Tramways Co. [1910] ScotLR 691 (23 March 1910)

There was no evidence led of failure to keep a proper look-out, failure to give warning, or excessive speed by the defenders' servant. Therefore, there was no case to go to the jury, and the judge was correct to withdraw the case.

Citation
[1910] ScotLR 691
Parties
Pursuer: Thomas M'Caffery (as tutor and administrator-in-law for Teresa M'Caffery, a pupil child); Defender: Lanarkshire Tramways Company
Jurisdiction
Scotland
Judgment Date
23 March 1910
Procedural Posture
Reparation (damages) Action / Motion to Withdraw Case From Jury at Close of Pursuer's Evidence
Outcome
Verdict for the defenders; case withdrawn from jury for lack of evidence of fault.
Legal Topics
Negligence, Jury Trial, Withdrawal of Case From Jury, Evidence of Fault
Tort Personal Injury Civil Procedure Negligence Jury Trial Withdrawal of Case From Jury Evidence of Fault

Case Brief

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Parties

Thomas M'Caffery (as tutor and administrator-in-law for Teresa M'Caffery, a pupil child)

Pursuer

Lanarkshire Tramways Company

Defender

Procedural Posture

Reparation (damages) Action / Motion to Withdraw Case From Jury at Close of Pursuer's Evidence

Legal Issues

  1. 1 Whether there was sufficient evidence of fault or negligence by the defenders or their servant to allow the case to go to the jury
  2. 2 Whether the judge was competent to withdraw the case from the jury for lack of evidence

Ratio Decidendi

There was no evidence led of failure to keep a proper look-out, failure to give warning, or excessive speed by the defenders' servant. Therefore, there was no case to go to the jury, and the judge was correct to withdraw the case.

Court Disposition

Verdict for the defenders; case withdrawn from jury for lack of evidence of fault.

Orders

  • Jury directed to return a verdict for the defenders.