A father brought an action of damages against the Corporation of Glasgow as proprietors and custodians of the Botanic Gardens there, which were open to the public as a public park, for the death of his child aged seven. The pursuer averred that in close proximity to a portion of the gardens used as a playground for children there was a plot of ground which, though enclosed by a fence, was open to the public, access being obtained by a gate in the fence; that in this plot there was growing along with specimen shrubs of various kinds a belladonna shrub bearing berries rather similar in appearance to small grapes, and presenting a very alluring and tempting appearance to children, but which were in fact poisonous; that no precautions to protect children were taken by the defenders, though they, the defenders, were well aware of the poisonous character and inviting and deceptive appearance of the berries; that his child when in the gardens with some of his companions picked the berries and ate them, and in consequence thereof died; and that the accident was due to the negligence of the defenders in failing to take the necessary precautions for the safety of children. Held ( aff. judgment of the Second Division) that the pursuer had relevantly averred fault on the part of the defenders, and that the case must go to trial.
Lord Buckmaster, Lord Atkinson, Lord Shaw, Lord Sumner, and Lord Wrenbury
 UKHL 14, 59 SLR 14
Updated: 15 November 2021; Ref: scu.632644