M'Lean and Others v. Glasgow Corporation

Observed per Lord Mackenzie that a person who crosses a street on a slant, going in the same direction as an approaching tramway car, takes an unnecessary risk, as calculation of the margin of safety and observation of the position of the car were both rendered more difficult by that mode of crossing the street.

Joseph M'Lean and others, the husband and children of Mrs Mary M'Lean, pursuers , brought an action against the Corporation of Glasgow, defenders , concluding for decree for payment of £250 to Joseph M'Lean and £100 to each of the children of Joseph M'Lean and Mrs M'Lean in name of damages for the death of Mrs M'Lean, who was knocked down by a tramway car driven by the defenders' servant and died from the injuries so received.

The defenders pleaded, inter alia —“3. The accident to the deceased Mary M'Kellar or M'Lean having been caused or materially contributed to by her own fault and negligence, the defenders are entitled to absolvitor.”

On 17th November 1917 the Lord Ordinary ( Ormidale ), after a proof, assoilzied the defenders.

Opinion , from which the facts of the case appear—“This is an action at the instance of the husband and children of a Mrs M'Lean, who was knocked down by a tramway car belonging to the defenders on Saturday 30th December 1916, and so injured that she died half-an-hour afterwards.