Macfarlane v. Colam [1907] ScotLR 47 (01 November 1907)

Macfarlane v. Colam [1907] ScotLR 47 (01 November 1907)

Leaving the motor car unattended on the side of the road, where it did not obstruct passage, did not constitute an actionable breach of statutory duty, nor was there a causal connection between any alleged breach and the accident; liability in damages does not arise in these circumstances.

Citation
[1907] ScotLR 47
Parties
Pursuer: Arthur Macfarlane; Defender: William Newby Colam
Jurisdiction
Scotland
Judgment Date
01 November 1907
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed; action dismissed
Legal Topics
Reparation, Liability for Road Accidents, Statutory Breach, Obstruction of Highway, Causation
Tort Statutory Interpretation Road Traffic Law Reparation Liability for Road Accidents Statutory Breach Obstruction of Highway Causation

Case Brief

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Parties

Arthur Macfarlane

Pursuer

William Newby Colam

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether leaving a motor car unattended on a public road constituted a breach of statutory duty under the General Turnpike Act 1831 as incorporated by the Roads and Bridges (Scotland) Act 1878
  2. 2 Whether such breach, if any, was causally related to the accident and resulting damages

Ratio Decidendi

Leaving the motor car unattended on the side of the road, where it did not obstruct passage, did not constitute an actionable breach of statutory duty, nor was there a causal connection between any alleged breach and the accident; liability in damages does not arise in these circumstances.

Court Disposition

appeal allowed; action dismissed

Orders

  • Interlocutor of Sheriff-Substitute recalled
  • Find in fact that the car did not obstruct the highway