Buchanan v. Glasgow Corporation [1921] ScotLR 462 (12 May 1921)

It is not a rule of Scottish common law that standing on the platform of a moving tram constitutes contributory negligence per se; such questions are for the jury to decide based on the facts.

Citation: [1921] ScotLR 462
Parties: Pursuer: Mrs Martha Buchanan; Defender: Glasgow Corporation
Jurisdiction: Scotland
Judgment Date: 12 May 1921
Procedural Posture: Bill of Exceptions / Post Jury Verdict, Appellate Review
Outcome: bill of exceptions refused
Legal Topics: Reparation, Negligence, Contributory Negligence, Tramway Passenger Liability

Tort Law Reparation Negligence Contributory Negligence Tramway Passenger Liability

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Parties

Mrs Martha Buchanan

Pursuer

Glasgow Corporation

Defender

Procedural Posture

Bill of Exceptions / Post Jury Verdict, Appellate Review

Legal Issues

1 Whether standing on the platform of a moving tram constitutes contributory negligence per se
2 Whether the presiding judge erred in refusing to direct the jury that the pursuer's actions were a contributory cause of her injuries

Ratio Decidendi

It is not a rule of Scottish common law that standing on the platform of a moving tram constitutes contributory negligence per se; such questions are for the jury to decide based on the facts.

Court Disposition

bill of exceptions refused

Orders

The bill of exceptions is refused; the jury's verdict for the pursuer stands.