Paisley holds a special place in the hearts of lawyers due to the famous case of Donoghue versus Stevenson, which set out the principle of the law of negligence.

In April 1929 Mary Donoghue brought a a claim for damages against David Stevenson after she had found a snail in a bottle of ginger beer manufactured by him.

Location of the original cafe at the corner of Well Street and Lady Lane.

As Mrs Donoghue had not actually bought the drink herself she had no direct claim against Mr Stevenson. However she sought damages form Stevenson for the resulting nervous shock and gastroenteritis which she claimed was caused through the incident.

Before the case could go to trial it had to be determined whether Mrs Donoghue could actually bring an action under the circumstances. The original judgement was that she could bring an action but this was overturned by the Court of Appeal and the case found its way to the House of Lords for them to decide if a duty of care existed.

Memorial plaque and bench erected on the site of the cafe to commemorate the case.

Eventually in May 1932 the Law Lords issued their judgement.

By a majority of three - two the Law Lords agreed that Mrs Donoghue was owed a duty of care under the “neighbour principle” and that she could bring an action against Stevenson.

However in a twist of fate, Stevenson died before the case could be brought before the court and his executors settled out of court for a sum of £200.

But the precedent had been set - it was illegal to act in such a waythat it could reasonably be forseen that such an action could lead to another being directly harmed.

© paisleyonline.co.uk 2009