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|You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Bourhill v Young  UKHL 5 (05 August 1942) |
|URL: http://www.bailii.org/uk/cases/UKHL/1942/5.html |
|Cite as:  UKHL 5,  AC 92 |
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Die Mercurii, 5° Augusti, 1942
HAY OR BOURHILL
The Appellant is pursuer in an action of reparation, in which
she claims damages from the Respondent as executor-dative of the
late John Young, in respect of injuries alleged to have been sus-
tained by her owing to the fault of John Young, on the occasion
of a collision between a motor-cycle which the latter was riding and
a motor car on the nth October, 1938, which resulted in the death
of John Young, to whom I will hereafter refer as the cyclist.
After a proof, Lord Robertson assoilzied the Respondent on the
ground that the cyclist had not been guilty of any breach of duty
to the Appellant, and this decision was affirmed by the Second
Division, Lord Justice Clerk Aitchison dissenting.
The facts as to the occurrence of the collision...