Wallace v. Bergius [1914] ScotLR 130 (10 December 1914)

Wallace v. Bergius [1914] ScotLR 130 (10 December 1914)

The pursuer's driver was negligent for remaining on the wrong side of the road until the last moment, creating an emergency. The defender's driver, acting in imminent peril, was not guilty of contributory negligence for swerving, as the law excuses errors of judgment made in such emergencies.

Citation
[1914] ScotLR 130
Parties
Pursuer: J. H. Wallace; Defender: A. Norman Bergius
Jurisdiction
Scotland
Judgment Date
10 December 1914
Procedural Posture
Reparation (damages) / Appeal to Court of Session Inner House Second Division
Outcome
appeal dismissed; defender's counter-claim sustained
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Collision, Liability
Tort Road Traffic Law Negligence Contributory Negligence Motor Vehicle Collision Liability

Case Brief

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Parties

J. H. Wallace

Pursuer

A. Norman Bergius

Defender

Procedural Posture

Reparation (damages) / Appeal to Court of Session Inner House Second Division

Legal Issues

  1. 1 Was the pursuer's driver negligent in causing the collision?
  2. 2 Was the defender's driver guilty of contributory negligence?
  3. 3 Does the 'agony rule' apply to road collisions?

Ratio Decidendi

The pursuer's driver was negligent for remaining on the wrong side of the road until the last moment, creating an emergency. The defender's driver, acting in imminent peril, was not guilty of contributory negligence for swerving, as the law excuses errors of judgment made in such emergencies.

Court Disposition

appeal dismissed; defender's counter-claim sustained

Orders

  • pursuer's claim refused
  • defender entitled to damages for loss to motor car