William Sommerville & Son, Ltd v. The Edinburgh and District Water Trustees [1905] ScotLR 42_410 (10 March 1905)

William Sommerville & Son, Ltd v. The Edinburgh and District Water Trustees [1905] ScotLR 42_410 (10 March 1905)

The Water Trustees, while not bound to provide compensation water of any particular standard of purity, were obliged to avoid preventable pollution through reasonable management. Their failure to manage the reservoirs with due regard to the interests of lower heritors, resulting in preventable pollution and loss, constituted a breach of statutory duty for which they are liable in damages.

Citation
[1905] ScotLR 42_410
Parties
Pursuer: William Sommerville & Son, Limited; Defender: The Edinburgh and District Water Trustees
Jurisdiction
Scotland
Judgment Date
10 March 1905
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal allowed; decree for damages in favour of pursuers.
Legal Topics
Compensation Water, Statutory Powers, Pollution, Negligence, Riparian Rights
Water Law Tort Law Statutory Interpretation Compensation Water Statutory Powers Pollution Negligence Riparian Rights

Case Brief

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Parties

William Sommerville & Son, Limited

Pursuer

The Edinburgh and District Water Trustees

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the Water Trustees were obliged to provide compensation water of a certain quality under the statutes.
  2. 2 Whether the Water Trustees were negligent in their management of the reservoir, resulting in pollution of the compensation water.
  3. 3 Whether the pursuers are entitled to damages for loss caused by polluted compensation water.

Ratio Decidendi

The Water Trustees, while not bound to provide compensation water of any particular standard of purity, were obliged to avoid preventable pollution through reasonable management. Their failure to manage the reservoirs with due regard to the interests of lower heritors, resulting in preventable pollution and loss, constituted a breach of statutory duty for which they are liable in damages.

Court Disposition

Appeal allowed; decree for damages in favour of pursuers.

Orders

  • Defenders to pay £2000 in damages to pursuers.