Watson v. Glasgow Corporation [1917] ScotLR 593 (19 July 1917)

Watson v. Glasgow Corporation [1917] ScotLR 593 (19 July 1917)

The pursuer's failure to look for oncoming traffic before stepping onto the tram rails constituted contributory negligence, which was the proximate and effective cause of the accident. This negligence precluded recovery of damages, regardless of any alleged fault by the defenders.

Citation
[1917] ScotLR 593
Parties
Pursuer: Alexander Watson; Defenders: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
19 July 1917
Procedural Posture
Reparation (personal Injury) / Appeal After Second Jury Verdict
Outcome
verdict for defenders; pursuer's verdict set aside
Legal Topics
Negligence, Contributory Negligence, Tramway Accidents, Duty of Care
Tort Personal Injury Negligence Contributory Negligence Tramway Accidents Duty of Care

Case Brief

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Parties

Alexander Watson

Pursuer

Glasgow Corporation

Defenders

Procedural Posture

Reparation (personal Injury) / Appeal After Second Jury Verdict

Legal Issues

  1. 1 Whether the pursuer was guilty of contributory negligence precluding recovery of damages
  2. 2 Whether the defenders' motorman was negligent in failing to warn or control the tramcar

Ratio Decidendi

The pursuer's failure to look for oncoming traffic before stepping onto the tram rails constituted contributory negligence, which was the proximate and effective cause of the accident. This negligence precluded recovery of damages, regardless of any alleged fault by the defenders.

Court Disposition

verdict for defenders; pursuer's verdict set aside

Orders

  • Verdict for the pursuer set aside
  • Judgment entered for the defenders