Baikie v. Glasgow Corporation [1917] ScotLR 71 (15 November 1917)

Baikie v. Glasgow Corporation [1917] ScotLR 71 (15 November 1917)

The pursuer's own pleadings disclosed that her injuries were proximately caused by her own lack of reasonable care in failing to take obvious precautions (such as keeping in touch with the wall) when ascending an unlit stair, and thus her contributory negligence barred recovery, warranting dismissal of the action despite the defenders' breach of statutory duty.

Citation
[1917] ScotLR 71
Parties
Pursuer: Mrs Helen Stewart or Baikie; Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
15 November 1917
Procedural Posture
Reparation (personal Injury) / Appeal (reclaiming Motion) From Interlocutor Allowing Proof Before Answer
Outcome
action dismissed
Legal Topics
Negligence, Contributory Negligence, Statutory Duty to Light Common Stairs, Proximate Cause, Relevancy of Pleadings
Tort Statutory Duty Personal Injury Negligence Contributory Negligence Statutory Duty to Light Common Stairs Proximate Cause Relevancy of Pleadings

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Parties

Mrs Helen Stewart or Baikie

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Reparation (personal Injury) / Appeal (reclaiming Motion) From Interlocutor Allowing Proof Before Answer

Legal Issues

  1. 1 Whether the defenders' failure to light the common stair constituted actionable negligence under statutory duty
  2. 2 Whether the pursuer's own actions amounted to contributory negligence barring recovery
  3. 3 Whether the pleadings disclosed a relevant case for proof or required dismissal as irrelevant

Ratio Decidendi

The pursuer's own pleadings disclosed that her injuries were proximately caused by her own lack of reasonable care in failing to take obvious precautions (such as keeping in touch with the wall) when ascending an unlit stair, and thus her contributory negligence barred recovery, warranting dismissal of the action despite the defenders' breach of statutory duty.

Court Disposition

action dismissed

Orders

  • interlocutor of the Lord Ordinary recalled
  • action dismissed as irrelevant