Neilson v. Borland, King, & Shaw [1902] ScotLR 39_417 (28 February 1902)

Neilson v. Borland, King, & Shaw [1902] ScotLR 39_417 (28 February 1902)

The roads in question are private streets within the meaning of the Glasgow Police Acts 1866–1900, not statute-labour roads vested in public authorities; respondents, as proprietors, are liable for repairs including the culvert, as required by statutory notice.

Citation
[1902] ScotLR 39_417
Parties
Petitioner: George Neilson, Procurator-Fiscal of Court; Respondents: Borland, King, & Shaw
Jurisdiction
Scotland
Judgment Date
28 February 1902
Procedural Posture
Petition and Application / Appeal From Dean of Guild Court to Court of Session Inner House
Outcome
Appeal allowed; interlocutors of Dean of Guild Court recalled.
Legal Topics
Private Street Maintenance, Public Right of Way, Statutory Interpretation, Liability of Proprietors, Repair of Culverts
Administrative Law Local Government Law Property Law Private Street Maintenance Public Right of Way Statutory Interpretation Liability of Proprietors Repair of Culverts

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Parties

George Neilson, Procurator-Fiscal of Court

Petitioner

Borland, King, & Shaw

Respondents

Procedural Posture

Petition and Application / Appeal From Dean of Guild Court to Court of Session Inner House

Legal Issues

  1. 1 Whether certain roads are private streets under Glasgow Police Acts 1866–1900
  2. 2 Whether respondents are 'proprietors' liable for repairs under the Acts
  3. 3 Whether liability extends to repair of culvert beneath private street

Ratio Decidendi

The roads in question are private streets within the meaning of the Glasgow Police Acts 1866–1900, not statute-labour roads vested in public authorities; respondents, as proprietors, are liable for repairs including the culvert, as required by statutory notice.

Court Disposition

Appeal allowed; interlocutors of Dean of Guild Court recalled.

Orders

  • Respondents found liable to repair specified portions of Petershill Road and unnamed road to Low Balornock Farm.
  • Respondents liable for proportionate cost of repairs, including culvert.