A passer-by in an Edinburgh street having been injured by the sudden opening out into the street of a garden door, held in an action of damages at his instance (1) that the owners of the property were not liable merely for having premises which if used negligently might cause damage, nor (2) were the road authority in the absence of a statutory duty; the Edinburgh Municipal and Police Act 1879, sec. 151, held not to be applicable, and the provisions of the Roads and Bridges (Scotland) Act 1878 not available to the pursuer in the absence of averments to show that the road in question came within the definition of that Act.
Judges:
Lord Chancellor (Buckmaster), Viscount Haldane, Lord Kinnear, Lord Atkinson, and Lord Parker
Citations:
[1916] UKHL 388, 53 SLR 388
Links:
Jurisdiction:
Scotland
Personal Injury, Land
Updated: 11 July 2022; Ref: scu.630675