M'Fadyen v. White [1921] ScotLR 329 (10 March 1921)

M'Fadyen v. White [1921] ScotLR 329 (10 March 1921)

The pursuer's averments are relevant and disclose a case fit for inquiry; if the injury was the natural and probable consequence of the defender's breach of duty in permitting riotous conduct, liability may arise; the facts must be investigated by a jury.

Citation
[1921] ScotLR 329
Parties
Pursuer: John M'Fadyen; Defender: Mrs Margaret Smith Miller or White
Jurisdiction
Scotland
Judgment Date
10 March 1921
Procedural Posture
Reparation (damages) / Appeal From Sheriff Court; Interlocutory Decision on Relevancy and Jury Trial
Outcome
Issue approved; case remitted for jury trial.
Legal Topics
Negligence, Liability of Licencee, Duty of Care, Breach of Statutory Duty, Relevancy of Pleadings
Tort Licensing Law Personal Injury Negligence Liability of Licencee Duty of Care Breach of Statutory Duty Relevancy of Pleadings

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Parties

John M'Fadyen

Pursuer

Mrs Margaret Smith Miller or White

Defender

Procedural Posture

Reparation (damages) / Appeal From Sheriff Court; Interlocutory Decision on Relevancy and Jury Trial

Legal Issues

  1. 1 Whether the licencee of a public-house is liable for injuries to a customer caused by another customer during a brawl
  2. 2 Whether the pleadings disclose a relevant case for inquiry
  3. 3 Whether breach of licensing certificate constitutes negligence

Ratio Decidendi

The pursuer's averments are relevant and disclose a case fit for inquiry; if the injury was the natural and probable consequence of the defender's breach of duty in permitting riotous conduct, liability may arise; the facts must be investigated by a jury.

Court Disposition

Issue approved; case remitted for jury trial.

Orders

  • Remit case for trial by jury.
  • Approve issue for trial.