Gibb v. Edinburgh and District Tramways Co., Ltd [1913] ScotLR 347 (23 January 1913)
The proximate cause of the accident was the pursuer's negligence in running against the car; absence of side-guards, even if negligent, did not override contributory negligence. The judge's refusal to direct the jury as requested was correct.
- Citation
- [1913] ScotLR 347
- Parties
- Pursuer: Mrs Catherine Gibb; Defenders: Edinburgh and District Tramways Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 23 January 1913
- Procedural Posture
- Bill of Exceptions in Action for Damages / Appeal From Jury Verdict
- Outcome
- bill of exceptions refused; verdict for defenders upheld
- Legal Topics
- Negligence, Contributory Negligence, Proximate Cause, Reparation
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Catherine Gibb
Pursuer
Edinburgh and District Tramways Company, Limited
Defenders
Procedural Posture
Bill of Exceptions in Action for Damages / Appeal From Jury Verdict
Legal Issues
- 1 Whether the absence of side-guards on tramway cars constituted negligence and was the proximate cause of injury
- 2 Whether contributory negligence by the pursuer disentitled her from recovery
- 3 Whether the presiding judge erred in refusing to direct the jury as requested by pursuer's counsel
Ratio Decidendi
The proximate cause of the accident was the pursuer's negligence in running against the car; absence of side-guards, even if negligent, did not override contributory negligence. The judge's refusal to direct the jury as requested was correct.
Court Disposition
bill of exceptions refused; verdict for defenders upheld
Orders
- exceptions disallowed
- verdict of jury applied
Full Case Text
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