A repairing car of a tramway company stopped in a village to deal with a defective standard. Children collected about it. Having effected the repair one of the employees on the car looked along the north side on which the children apparently were, and seeing all clear gave the signal to move. He did not look along the south side of the car, and a small child who happened to be there was run over and injured.
Held (rev. judgment of the Second Division) that the company was liable in reparation because of negligence on the part of its servant.
Held that supposing it were negligence to allow a small child to play on the road unattended, such negligence was not contributory to the accident
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Shaw, and Lord Parmoor
Citations:
[1918] UKHL 443
Links:
Jurisdiction:
Scotland
Negligence
Updated: 11 October 2022; Ref: scu.631471