M'Ewen v. Lowden

Subject_1 Reparation Subject_2 Damages Subject_3 Culpa Subject_4 Liability of a Proprietor for Accident occurring on his Premises. Facts: A man having sustained injuries by falling through a defective paving stone into a cellar in front of a shop, sued the proprietor of the shop for damages. The jury, upon the facts proved, found for the defender, and the Court on a motion for new trial refused to disturb the verdict.

The pursuer pleaded—“(1) It being pursuer's duty to provide a safe and sufficient covering for the foresaid cellars so as to protect the public walking over the same from harm, and having failed to perform that duty, he is liable in damages as concluded for. (2) The pursuer having sustained the injuries foresaid through the insufficiency of the foresaid pavement for the purpose for which it was intended, owing to the fault of the defender, or those for whom he is responsible, decree ought to be pronounced against him, as libelled, with expenses.”

The defender pleaded—“(3) The occurrence in question being attributable to a cause over which the defender had no control, and for which he is not responsible, the defender should be assoilzied.”

The case went to trial upon the following issue—“Whether on or about 24th September 1880, the pursuer, while passing along Gordon Street, Glasgow, was injured in his person through the fault of the defender, to the loss, injury, and damage of the pursuer;” and was tried before Lord Shand and a jury on 21st July 1881.

The jury found for the defender, and the pursuer having given notice of motion for a new trial, and his counsel having been heard thereon, the Court granted a rule on the defender to show cause why a new trial should not be granted.