Dickson v. St Cuthbert's Co-Operative Association, Ltd [1922] ScotLR 142 (12 January 1922)
The pursuer's averments were sufficient to allow an issue to be tried as to whether he contracted asthma through the defenders' fault, despite arguments of contributory negligence and lack of notification of health risk.
- Citation
- [1922] ScotLR 142
- Parties
- Pursuer: Andrew Telfer Dickson; Defender: St Cuthbert's Co-Operative Association, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 12 January 1922
- Procedural Posture
- Reparation (damages) / Appeal (reclaiming Motion)
- Outcome
- interlocutor of Lord Ordinary recalled; issue allowed to proceed to trial
- Legal Topics
- Negligence, Landlord's Duty, Contributory Negligence, Habitability, Personal Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew Telfer Dickson
Pursuer
St Cuthbert's Co-Operative Association, Limited
Defender
Procedural Posture
Reparation (damages) / Appeal (reclaiming Motion)
Legal Issues
- 1 Whether the landlord failed in duty to provide a habitable house
- 2 Whether the pursuer's illness was caused by the landlord's negligence
- 3 Whether pursuer's own conduct constituted contributory negligence
Ratio Decidendi
The pursuer's averments were sufficient to allow an issue to be tried as to whether he contracted asthma through the defenders' fault, despite arguments of contributory negligence and lack of notification of health risk.
Court Disposition
interlocutor of Lord Ordinary recalled; issue allowed to proceed to trial
Orders
- Proposed issue as amended allowed: Whether pursuer contracted asthma through defenders' fault between 28 May and 27 November 1920.
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