Buchanan v. Glasgow Corporation [1919] ScotLR 469 (06 June 1919)

Buchanan v. Glasgow Corporation [1919] ScotLR 469 (06 June 1919)

The amended averments, if established, could support an inference of fault against the defenders, as it was reasonably foreseeable that failing to stop at a crowded station could result in a dangerous rush of passengers, causing injury to those alighting. The question of fault is for the jury to determine.

Citation
[1919] ScotLR 469
Parties
Pursuer: Mrs Martha Adam or Buchanan; Defender: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
06 June 1919
Procedural Posture
Reparation (personal Injury) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Interlocutor of the Lord Ordinary recalled; case remitted for jury trial.
Legal Topics
Negligence, Liability for Acts of Third Parties, Duty of Care, Foreseeability, Tramway Accidents
Tort Personal Injury Public Transport Law Negligence Liability for Acts of Third Parties Duty of Care Foreseeability Tramway Accidents

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Parties

Mrs Martha Adam or Buchanan

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Reparation (personal Injury) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether the defenders (Glasgow Corporation) owed a duty of care to the pursuer to prevent injury caused by the rush of third parties boarding a moving tramway car.
  2. 2 Whether the injury to the pursuer was a natural and probable consequence of the defenders' failure to stop at the designated station.

Ratio Decidendi

The amended averments, if established, could support an inference of fault against the defenders, as it was reasonably foreseeable that failing to stop at a crowded station could result in a dangerous rush of passengers, causing injury to those alighting. The question of fault is for the jury to determine.

Court Disposition

Interlocutor of the Lord Ordinary recalled; case remitted for jury trial.

Orders

  • Recall of Lord Ordinary's interlocutor dismissing the action.
  • Remit to Lord Ordinary to proceed as accords.