Evans v. Edinburgh Corporation and Others [1916] UKHL 388 (28 March 1916)

Evans v. Edinburgh Corporation and Others [1916] UKHL 388 (28 March 1916)

Neither owners nor road authority are liable for injuries caused by the sudden opening of a door onto the street, as there is no breach of duty at common law and statutory provisions do not apply without proof of the street's status or permanent obstruction.

Citation
[1916] UKHL 388
Parties
Appellant: Evans; Respondents (owners): Binnie and Russell; Respondents (road Authority): Edinburgh Corporation (Lord Provost and Magistrates of the City of Edinburgh)
Jurisdiction
United Kingdom
Judgment Date
28 March 1916
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Public Safety, Liability for Dangerous Premises, Statutory Duties of Road Authorities
Tort Statutory Interpretation Negligence Public Safety Liability for Dangerous Premises Statutory Duties of Road Authorities

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 2 Party arguments 2
Sign in to unlock

Parties

Evans

Appellant

Binnie and Russell

Respondents (owners)

Edinburgh Corporation (Lord Provost and Magistrates of the City of Edinburgh)

Respondents (road Authority)

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Are owners liable for injuries caused by a door opening onto a street under common law?
  2. 2 Is the road authority liable under the Edinburgh Municipal and Police Act 1879 or Roads and Bridges (Scotland) Act 1878?

Ratio Decidendi

Neither owners nor road authority are liable for injuries caused by the sudden opening of a door onto the street, as there is no breach of duty at common law and statutory provisions do not apply without proof of the street's status or permanent obstruction.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • expenses awarded as allowed in forma pauperis