Lindsay v. Fife Scottish Omnibuses Ltd [A4323_01.html] ScotCS 1 [2002] ScotCS 153 (30th May, 2002)

Lindsay v. Fife Scottish Omnibuses Ltd [A4323_01.html] ScotCS 1 [2002] ScotCS 153 (30th May, 2002)

The accident was caused by the negligence of the bus driver, who failed to pass the horses and carriage at a sufficiently slow speed as required by the Highway Code, resulting in the horses bolting and the subsequent collision.

Citation
[2002] ScotCS 153
Parties
Pursuer: The Right Honourable The Countess of Lindsay; Defender: Fife Scottish Omnibuses Ltd
Jurisdiction
Scotland
Procedural Posture
Civil Action for Damages / Judgment After Proof
Outcome
Judgment for the pursuer
Legal Topics
Negligence, Duty of Care, Animal Fright, Highway Code Compliance, Damages
Tort Personal Injury Road Traffic Negligence Duty of Care Animal Fright Highway Code Compliance Damages

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Parties

The Right Honourable The Countess of Lindsay

Pursuer

Fife Scottish Omnibuses Ltd

Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof

Legal Issues

  1. 1 Whether the accident was caused by the manner in which the bus was driven as it overtook the pursuer's carriage
  2. 2 Whether the bus driver was negligent
  3. 3 Whether the pursuer contributed to the accident by her own fault

Ratio Decidendi

The accident was caused by the negligence of the bus driver, who failed to pass the horses and carriage at a sufficiently slow speed as required by the Highway Code, resulting in the horses bolting and the subsequent collision.

Court Disposition

Judgment for the pursuer

Orders

  • Decree for payment of £21,153 with interest on £18,606 at 8% per annum from date of decree until payment
  • Defenders found liable for expenses of process