Robertson v. Wilson [1912] ScotLR 916 (12 July 1912)

Robertson v. Wilson [1912] ScotLR 916 (12 July 1912)

The jury was entitled to find the defender liable and the pursuer not contributorily negligent, as both duties of care were properly explained and supported by evidence. Directions to the jury were correct and complete, reflecting the law that both main and side road drivers owe duties of caution.

Citation
[1912] ScotLR 916
Parties
Pursuer: William Robertson, M. D., Ardmhor, Scone; Defender: J. W. Wilson, seed merchant, Perth
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Reparation (personal Injury) / Post Jury Verdict, Bill of Exceptions and Motion for New Trial
Outcome
bill of exceptions disallowed, motion for new trial refused, verdict for pursuer applied
Legal Topics
Negligence, Contributory Negligence, Duties of Drivers, Road Traffic Collisions
Tort Personal Injury Road Traffic Negligence Contributory Negligence Duties of Drivers Road Traffic Collisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William Robertson, M. D., Ardmhor, Scone

Pursuer

J. W. Wilson, seed merchant, Perth

Defender

Procedural Posture

Reparation (personal Injury) / Post Jury Verdict, Bill of Exceptions and Motion for New Trial

Legal Issues

  1. 1 Was the defender liable for the collision and resulting injuries?
  2. 2 Was there contributory negligence by the pursuer?
  3. 3 Were the jury directions correct regarding duties of drivers on main and side roads?

Ratio Decidendi

The jury was entitled to find the defender liable and the pursuer not contributorily negligent, as both duties of care were properly explained and supported by evidence. Directions to the jury were correct and complete, reflecting the law that both main and side road drivers owe duties of caution.

Court Disposition

bill of exceptions disallowed, motion for new trial refused, verdict for pursuer applied

Orders

  • rule discharged
  • bill of exceptions disallowed