Cooper v. Caledonian Railway Co. [1902] ScotLR 39_660 (14 June 1902)

Cooper v. Caledonian Railway Co. [1902] ScotLR 39_660 (14 June 1902)

The pursuer's averments, though possibly improbable, are not irrelevant and disclose an issuable case; she is entitled to an opportunity to prove her case at trial.

Citation
[1902] ScotLR 39_660
Parties
Pursuer: Mrs Margaret Braddon or Cooper; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
14 June 1902
Procedural Posture
Action of Damages for Personal Injury / Appeal (reclaiming Motion) Against Dismissal at Issue Stage
Outcome
interlocutor of dismissal recalled; issue for trial approved
Legal Topics
Nervous Shock, Negligence, Reparation, Carriage of Passengers, Duty of Care
Tort Personal Injury Railway Law Nervous Shock Negligence Reparation Carriage of Passengers Duty of Care

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Parties

Mrs Margaret Braddon or Cooper

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Action of Damages for Personal Injury / Appeal (reclaiming Motion) Against Dismissal at Issue Stage

Legal Issues

  1. 1 Whether nervous shock resulting from fright, absent physical impact, is actionable in negligence against a railway company
  2. 2 Whether the pursuer's averments disclose a relevant case for trial

Ratio Decidendi

The pursuer's averments, though possibly improbable, are not irrelevant and disclose an issuable case; she is entitled to an opportunity to prove her case at trial.

Court Disposition

interlocutor of dismissal recalled; issue for trial approved

Orders

  • The interlocutor reclaimed against is recalled.
  • The issue proposed by the pursuer is approved.