M'Sherry v. Glasgow Corporation [1916] ScotLR 178 (12 December 1916)

M'Sherry v. Glasgow Corporation [1916] ScotLR 178 (12 December 1916)

The pursuer's own averments established that her injuries were caused by her own conduct in stepping onto the tramcar step and attempting to alight while the car was in motion, which amounted to contributory negligence and rendered her claim irrelevant.

Citation
[1916] ScotLR 178
Parties
Pursuer: Alice Mallon or M'Sherry; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
12 December 1916
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
action dismissed
Legal Topics
Reparation, Negligence, Contributory Negligence, Tramway Accidents
Tort Personal Injury Reparation Negligence Contributory Negligence Tramway Accidents

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alice Mallon or M'Sherry

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the pursuer's averments disclosed a relevant case of negligence against the tramway authority
  2. 2 Whether the pursuer's own conduct amounted to contributory negligence barring recovery

Ratio Decidendi

The pursuer's own averments established that her injuries were caused by her own conduct in stepping onto the tramcar step and attempting to alight while the car was in motion, which amounted to contributory negligence and rendered her claim irrelevant.

Court Disposition

action dismissed

Orders

  • Pursuer's averments held irrelevant
  • Action dismissed