M'Kinlay v. Darngavil Coal Co. [1922] ScotLR 553 (19 July 1922)

M'Kinlay v. Darngavil Coal Co. [1922] ScotLR 553 (19 July 1922)

The pursuer's averments disclosed a relevant case for inquiry, as the defenders had knowledge of children playing near the gate, which was in disrepair and constituted a concealed danger. The issue of whether the defenders breached their duty of care should be determined by a jury.

Citation
[1922] ScotLR 553
Parties
Pursuer: George M'Kinlay; Defender: Darngavil Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
19 July 1922
Procedural Posture
Reparation (damages) / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
Interlocutor of Lord Ordinary recalled; issue approved; case remitted for jury trial.
Legal Topics
Negligence, Occupier's Liability, Concealed Trap, Duty of Care, Injuries to Children
Tort Personal Injury Child Safety Negligence Occupier's Liability Concealed Trap Duty of Care Injuries to Children

Case Brief

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Parties

George M'Kinlay

Pursuer

Darngavil Coal Company, Limited

Defender

Procedural Posture

Reparation (damages) / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether the defenders owed a duty of care to prevent injury to children playing near a defective gate
  2. 2 Whether the gate constituted a concealed trap or allurement to children
  3. 3 Whether the pursuer's averments were relevant to establish negligence

Ratio Decidendi

The pursuer's averments disclosed a relevant case for inquiry, as the defenders had knowledge of children playing near the gate, which was in disrepair and constituted a concealed danger. The issue of whether the defenders breached their duty of care should be determined by a jury.

Court Disposition

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

Orders

  • Recall of dismissal
  • Approval of issue for jury