Burnett v. Pressley [1914] ScotLR 797 (02 July 1914)

Burnett v. Pressley [1914] ScotLR 797 (02 July 1914)

The absence of the required off-side light on the defender's motor car misled the pursuer into believing the vehicle was a bicycle, causing him to deviate from his proper course. This error was induced by the defender's breach of statutory duty and did not amount to contributory negligence. The defender was solely at fault for the accident.

Citation
[1914] ScotLR 797
Parties
Pursuer: George Pressley; Defender: John Alexander Burnett
Jurisdiction
Scotland
Judgment Date
02 July 1914
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session, Inner House
Outcome
appeal dismissed; judgment for pursuer affirmed
Legal Topics
Negligence, Contributory Negligence, Statutory Duty, Motor Vehicle Lighting Requirements
Tort Personal Injury Road Traffic Law Negligence Contributory Negligence Statutory Duty Motor Vehicle Lighting Requirements

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Parties

George Pressley

Pursuer

John Alexander Burnett

Defender

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session, Inner House

Legal Issues

  1. 1 Whether the absence of an off-side light on the defender's motor car constituted actionable negligence causing the accident
  2. 2 Whether the pursuer was guilty of contributory negligence by cycling on the wrong side of the road

Ratio Decidendi

The absence of the required off-side light on the defender's motor car misled the pursuer into believing the vehicle was a bicycle, causing him to deviate from his proper course. This error was induced by the defender's breach of statutory duty and did not amount to contributory negligence. The defender was solely at fault for the accident.

Court Disposition

appeal dismissed; judgment for pursuer affirmed

Orders

  • Defender to pay £100 damages to pursuer
  • Affirmation of Sheriff-Substitute's interlocutor