Law v. Corporation of Glasgow [1916] ScotLR 125 (16 December 1916)

Law v. Corporation of Glasgow [1916] ScotLR 125 (16 December 1916)

The pursuer's averments, specifying the defective and dangerous condition of the roadway at the tramway stopping-place and the resulting injury, are sufficient to warrant inquiry. The local authority's admitted duty to maintain the roadway in a reasonably safe condition for foot-passengers at such locations makes the case relevant for proof.

Citation
[1916] ScotLR 125
Parties
Pursuer: Margaret Gibson Law; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
16 December 1916
Procedural Posture
Reparation (personal Injury) / Appeal From Dismissal at Sheriff Court, Interlocutor Recalled and Remitted for Proof
Outcome
interlocutor of Sheriff-Substitute recalled; cause remitted for proof
Legal Topics
Personal Injury, Duty of Care, Defective Roadway, Liability of Local Authority, Relevancy of Averment
Tort Public Liability Local Government Law Personal Injury Duty of Care Defective Roadway Liability of Local Authority Relevancy of Averment

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Parties

Margaret Gibson Law

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Reparation (personal Injury) / Appeal From Dismissal at Sheriff Court, Interlocutor Recalled and Remitted for Proof

Legal Issues

  1. 1 Whether the pursuer's averments are relevant to establish a duty and breach by the local authority for injuries caused by a defective roadway at a tramway stopping-place.
  2. 2 Whether the local authority's duty extends to ensuring the safety of foot-passengers alighting from tramcars at designated stopping-places.

Ratio Decidendi

The pursuer's averments, specifying the defective and dangerous condition of the roadway at the tramway stopping-place and the resulting injury, are sufficient to warrant inquiry. The local authority's admitted duty to maintain the roadway in a reasonably safe condition for foot-passengers at such locations makes the case relevant for proof.

Court Disposition

interlocutor of Sheriff-Substitute recalled; cause remitted for proof

Orders

  • Recall of the Sheriff-Substitute's interlocutor dismissing the action.
  • Remit the cause back to the Sheriff-Substitute for proof.