Plantza v. City of Glasgow [1910] ScotLR 688 (23 June 1910)

Plantza v. City of Glasgow [1910] ScotLR 688 (23 June 1910)

There was no fault on the part of the defenders; the child, having seen the obstruction, failed to take reasonable care and was guilty of contributory negligence, barring recovery.

Citation
[1910] ScotLR 688
Parties
Pursuer: Jacob Plantza (as tutor and administrator-in-law of Robert Plantza, a minor); Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
23 June 1910
Procedural Posture
Action of Damages / Inner House Appeal, Post Proof Before Answer
Outcome
defenders assoilzied; judgment for defenders affirmed
Legal Topics
Negligence, Contributory Negligence, Street Obstruction, Liability for Injury to Children
Tort Reparation Negligence Contributory Negligence Street Obstruction Liability for Injury to Children

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Parties

Jacob Plantza (as tutor and administrator-in-law of Robert Plantza, a minor)

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Action of Damages / Inner House Appeal, Post Proof Before Answer

Legal Issues

  1. 1 Whether the defenders were at fault for leaving a hydrant obstruction on the pavement
  2. 2 Whether a child of five years can be guilty of contributory negligence
  3. 3 Whether the pursuer's child was negligent in failing to avoid a visible obstruction

Ratio Decidendi

There was no fault on the part of the defenders; the child, having seen the obstruction, failed to take reasonable care and was guilty of contributory negligence, barring recovery.

Court Disposition

defenders assoilzied; judgment for defenders affirmed

Orders

  • Action dismissed; defenders assoilzied from all claims