Macleod v. Edinburgh and District Tramways Co. Ltd [1913] ScotLR 418 (07 February 1913)

Macleod v. Edinburgh and District Tramways Co. Ltd [1913] ScotLR 418 (07 February 1913)

The accident was caused by the pursuer's own negligence in failing to look for oncoming traffic before crossing the tramway tracks; even if the tram driver failed to sound the bell, the proximity of the tram made the pursuer's omission the true cause of the accident, and the jury's verdict was contrary to the evidence.

Citation
[1913] ScotLR 418
Parties
Pursuer: Marion Macleod; Defenders: Edinburgh and District Tramways Company Limited
Jurisdiction
Scotland
Judgment Date
07 February 1913
Procedural Posture
Reparation (personal Injury) / Appeal on Rule to Show Cause After Jury Verdict
Outcome
verdict for pursuer set aside; judgment entered for defenders (assoilzied)
Legal Topics
Negligence, Contributory Negligence, Tramway Accidents, Jury Verdicts, Setting Aside Verdicts
Tort Personal Injury Negligence Contributory Negligence Tramway Accidents Jury Verdicts Setting Aside Verdicts

Case Brief

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Parties

Marion Macleod

Pursuer

Edinburgh and District Tramways Company Limited

Defenders

Procedural Posture

Reparation (personal Injury) / Appeal on Rule to Show Cause After Jury Verdict

Legal Issues

  1. 1 Whether the accident was caused by the defenders' negligence or the pursuer's own contributory negligence
  2. 2 Whether the jury's verdict was contrary to the evidence

Ratio Decidendi

The accident was caused by the pursuer's own negligence in failing to look for oncoming traffic before crossing the tramway tracks; even if the tram driver failed to sound the bell, the proximity of the tram made the pursuer's omission the true cause of the accident, and the jury's verdict was contrary to the evidence.

Court Disposition

verdict for pursuer set aside; judgment entered for defenders (assoilzied)

Orders

  • Verdict for pursuer set aside
  • Judgment entered for defenders (assoilzied)