Clelland v. Robb [1910] ScotLR 205 (17 December 1910)

Clelland v. Robb [1910] ScotLR 205 (17 December 1910)

The pursuer's averments, though general, were relevant because they alleged a duty of care arising from the employment relationship and a failure to warn or protect the boy from a known danger. The issue of negligence and knowledge of the horse's propensities was sufficiently pled to go to proof.

Citation
[1910] ScotLR 205
Parties
Pursuer: William Clelland; Defender: Robert Robb
Jurisdiction
Scotland
Judgment Date
17 December 1910
Procedural Posture
Action of Damages / Relevancy Hearing; Approval of Issue for Trial; Reclaiming Motion
Outcome
Court adhered to the Lord Ordinary's interlocutor; issue approved for trial.
Legal Topics
Negligence, Duty of Care, Employer's Liability, Reparation, Child Labour
Tort Employment Law Negligence Duty of Care Employer's Liability Reparation Child Labour

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Parties

William Clelland

Pursuer

Robert Robb

Defender

Procedural Posture

Action of Damages / Relevancy Hearing; Approval of Issue for Trial; Reclaiming Motion

Legal Issues

  1. 1 Whether the defender owed a duty of care to the deceased boy in the circumstances.
  2. 2 Whether the pursuer's averments of negligence were sufficiently specific and relevant to go to proof.

Ratio Decidendi

The pursuer's averments, though general, were relevant because they alleged a duty of care arising from the employment relationship and a failure to warn or protect the boy from a known danger. The issue of negligence and knowledge of the horse's propensities was sufficiently pled to go to proof.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; issue approved for trial.

Orders

  • Issue for trial approved: Whether, on or about 19th February 1910, at or near Croftmalloch Farm, Whitburn, James Clelland was killed through the fault of the defender.