Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd [1912] ScotLR 79 (26 November 1912)

Mackenzie v. Fairfield Shipbuilding and Engineering Co., Ltd [1912] ScotLR 79 (26 November 1912)

The defenders, knowing their sand-pit was dangerous and that children used it as a playground, owed a duty to take precautions. The danger was not manifest to a child, and the pursuer's averments disclosed a relevant case for liability.

Citation
[1912] ScotLR 79
Parties
Pursuer: John Mackenzie; Defender: Fairfield Shipbuilding and Engineering Company, Limited
Jurisdiction
Scotland
Judgment Date
26 November 1912
Procedural Posture
Reparation (damages) / Interlocutory Judgment on Relevancy and Mode of Proof
Outcome
Court adhered to Lord Ordinary's judgment; action relevant; issue allowed for jury trial.
Legal Topics
Negligence, Liability for Dangerous Premises, Duty of Care to Children
Tort Personal Injury Negligence Liability for Dangerous Premises Duty of Care to Children

Case Brief

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Parties

John Mackenzie

Pursuer

Fairfield Shipbuilding and Engineering Company, Limited

Defender

Procedural Posture

Reparation (damages) / Interlocutory Judgment on Relevancy and Mode of Proof

Legal Issues

  1. 1 Whether the defenders owed a duty of care to children using the sand-pit as a playground
  2. 2 Whether the dangerous condition of the sand-pit was manifest to a child
  3. 3 Whether the defenders' knowledge and allowance of children using the sand-pit created liability

Ratio Decidendi

The defenders, knowing their sand-pit was dangerous and that children used it as a playground, owed a duty to take precautions. The danger was not manifest to a child, and the pursuer's averments disclosed a relevant case for liability.

Court Disposition

Court adhered to Lord Ordinary's judgment; action relevant; issue allowed for jury trial.

Orders

  • Issue approved for jury trial
  • No dismissal of action