M'Murray v. Glasgow School Board [1915] ScotLR 66 (27 October 1915)

M'Murray v. Glasgow School Board [1915] ScotLR 66 (27 October 1915)

The School Board is not liable for injuries caused by misuse of the gate as a swing by passing boys, absent averments that such misuse was known and tolerated; the pursuer's averments are irrelevant as they do not establish liability for ordinary use or known misuse.

Citation
[1915] ScotLR 66
Parties
Pursuer: John M'Murray; Defender: School Board of Glasgow
Jurisdiction
Scotland
Judgment Date
27 October 1915
Procedural Posture
Reparation (damages) / Appeal From Sheriff Court, Motion to Dismiss as Irrelevant
Outcome
action dismissed as irrelevant
Legal Topics
Negligence, Duty of Care, Liability for Defective Property, Misuse of Property
Tort Property Public Safety Negligence Duty of Care Liability for Defective Property Misuse of Property

Case Brief

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Parties

John M'Murray

Pursuer

School Board of Glasgow

Defender

Procedural Posture

Reparation (damages) / Appeal From Sheriff Court, Motion to Dismiss as Irrelevant

Legal Issues

  1. 1 Whether the School Board owed a duty to keep the gate safe for misuse as a swing by passing boys
  2. 2 Whether the averments of defect and knowledge were relevant to establish liability

Ratio Decidendi

The School Board is not liable for injuries caused by misuse of the gate as a swing by passing boys, absent averments that such misuse was known and tolerated; the pursuer's averments are irrelevant as they do not establish liability for ordinary use or known misuse.

Court Disposition

action dismissed as irrelevant

Orders

  • interlocutor of Sheriff-Substitute recalled
  • action dismissed