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Subject_1 Street Subject_2 Tramway Oar Subject_3 Duty of Driver to pull up if Necessary till Temporary Obstruction is Removed Subject_4 Reparation. Facts: The driver of a cab stopped in a crowded street to take up a passenger, in such a manner that one wheel of the cab was on tramway rails which ran along the street. A driver of a car coming behind saw the obstruction, and whistled, but did not stop, and his car struck the cab and upset it. Page: 14 ↓
The pursuer appealed, and argued—The Sheriff—Substitute was in error in deciding the case upon the point of contributory negligence. The decision of the case really turned on the question whether the car-driver did his duty or not, and that question fell to be answered in the negative. It was his duty, as Soon as he saw the pursuer's cab on the rails, to have pulled up the car until the temporary obstruction was removed. It was not enough to whistle and shout to the cabman as he approached.
Authorities— Clerk v. Petrie , June 19, 1879, 6 R. 1076 ; Auld v. M'Bey, &c ., February 17, 1881, 8 R. 495 .
Counsel for Pursuer (Appellant)— Galloway — Rhind . Agent— George Hutton , L.A.
Counsel for Defenders (Respondents)— Trayner — Guthrie . Agents— Paterson, Cameron, & Co . S.S.C.
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Common Room
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