A father brought an action against a colliery company for damages for the death of his son aged nine, who while playing about a gate at the entrance to the colliery was fatally injured owing to the gate, on which other children were swinging, closing and crushing him between the hinge-end of the gate and the gate-post. The pursuer averred that the gate was so constructed that the space between the hinge-end of the gate and the gate-post varied from about one inch when the gate was closed to about one foot when it was open; that the gate when open was in the knowledge of the defenders dangerous owing to its size, construction, and weight; that it was in a state of disrepair, which prevented it from being secured when open by a device which the defenders had provided for that purpose; that children habitually played with the gate with the tacit permission of the defenders; that it formed an allurement which was of the nature of a trap; and that the defenders had taken no precautions to prevent children being injured. Held (aff. judgment of the First Division) that the pursuer had stated a relevant case for inquiry, and that accordingly the case must go to trial.
Judges:
Lord Chancellor, Lord Dunedin, Lord Shaw, Lord Buckmaster, and Lord Carson
Citations:
[1923] UKHL 440, 60 SLR 440
Links:
Jurisdiction:
Scotland
Personal Injury
Updated: 14 June 2022; Ref: scu.633255