Driscoll v. Partick Burgh Commissioners [1900] ScotLR 37_274 (10 January 1900)

Driscoll v. Partick Burgh Commissioners [1900] ScotLR 37_274 (10 January 1900)

The pursuer's pleadings did not disclose a relevant case because she knowingly descended an unlit stair and failed to take reasonable precautions, such as lighting a match or the gas. This constituted contributory negligence, barring her claim for damages, regardless of any statutory duty on the part of the defenders.

Citation
[1900] ScotLR 37_274
Parties
Pursuer: Mrs Elizabeth Marshall or Driscoll; Defender: Commissioners of the Burgh of Partick
Jurisdiction
Scotland
Judgment Date
10 January 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed
Legal Topics
Reparation, Occupiers' Liability, Contributory Negligence, Statutory Duty, Public Authority Liability
Tort Statutory Interpretation Reparation Occupiers' Liability Contributory Negligence Statutory Duty Public Authority Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Elizabeth Marshall or Driscoll

Pursuer

Commissioners of the Burgh of Partick

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the Burgh Commissioners owed a duty to light the common stair under section 105 of the Burgh Police (Scotland) Act 1892
  2. 2 Whether the pursuer's pleadings disclosed a relevant case for damages
  3. 3 Whether the pursuer was guilty of contributory negligence

Ratio Decidendi

The pursuer's pleadings did not disclose a relevant case because she knowingly descended an unlit stair and failed to take reasonable precautions, such as lighting a match or the gas. This constituted contributory negligence, barring her claim for damages, regardless of any statutory duty on the part of the defenders.

Court Disposition

action dismissed

Orders

  • interlocutor of Lord Ordinary recalled
  • action dismissed