Clark v. Glasgow, Dublin, and Londonderry Steam Packet Co., Ltd [1901] ScotLR 38_718 (22 June 1901)

Clark v. Glasgow, Dublin, and Londonderry Steam Packet Co., Ltd [1901] ScotLR 38_718 (22 June 1901)

The pursuer's averments, if proved, could establish liability for negligence; issues of right to be on the quay and contributory negligence are factual matters for trial, not grounds for dismissal as irrelevant.

Citation
[1901] ScotLR 38_718
Parties
Pursuer: Joseph Clark; Defender: Glasgow, Dublin, and Londonderry Steam Packet Company, Limited
Jurisdiction
Scotland
Judgment Date
22 June 1901
Procedural Posture
Civil / Appeal Against Dismissal (relevancy)
Outcome
interlocutor of dismissal recalled; case remitted for trial
Legal Topics
Reparation, Negligence, Contributory Negligence, Public Safety, Occupier's Liability
Tort Personal Injury Reparation Negligence Contributory Negligence Public Safety Occupier's 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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joseph Clark

Pursuer

Glasgow, Dublin, and Londonderry Steam Packet Company, Limited

Defender

Procedural Posture

Civil / Appeal Against Dismissal (relevancy)

Legal Issues

  1. 1 Whether the pursuer's averments disclosed a relevant case for trial
  2. 2 Whether the pursuer was entitled to be on the quay and owed a duty of care
  3. 3 Whether contributory negligence by the pursuer barred the claim at this stage

Ratio Decidendi

The pursuer's averments, if proved, could establish liability for negligence; issues of right to be on the quay and contributory negligence are factual matters for trial, not grounds for dismissal as irrelevant.

Court Disposition

interlocutor of dismissal recalled; case remitted for trial

Orders

  • Recall of interlocutor dismissing the action
  • Approval of an issue for trial