Highland District Committee of Perthshire County Council v. Rattray [1913] ScotLR 531 (18 March 1913)

Highland District Committee of Perthshire County Council v. Rattray [1913] ScotLR 531 (18 March 1913)

The action is not incompetent even though the surveyor's certificate does not state or demonstrate that regard was had to the average expense of repairing highways in the neighbourhood; it is sufficient that the road authority has such regard before raising action. The statutory width requirement does not bar recovery for extraordinary expenses caused by extraordinary traffic.

Citation
[1913] ScotLR 531
Parties
Pursuer: Highland District Committee of Perthshire County Council; Defender: William Rattray
Jurisdiction
Scotland
Judgment Date
18 March 1913
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Interlocutors Affirmed, Case Remitted for Proof
Outcome
Appeal dismissed; interlocutors affirmed; case remitted for proof.
Legal Topics
Road Maintenance, Extraordinary Traffic Expenses, Statutory Interpretation, Personal Bar, Certificate Requirements, Statutory Width of Roads
Administrative Law Local Government Law Tort Law Road Maintenance Extraordinary Traffic Expenses Statutory Interpretation Personal Bar Certificate Requirements +1 more

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Parties

Highland District Committee of Perthshire County Council

Pursuer

William Rattray

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Interlocutors Affirmed, Case Remitted for Proof

Legal Issues

  1. 1 Is it necessary for a road surveyor's certificate under section 57 of the Roads and Bridges (Scotland) Act 1878 to state or demonstrate that regard was had to the average expense of repairing highways in the neighbourhood?
  2. 2 Does failure by the road authority to maintain a road at the statutory width bar recovery for extraordinary expenses caused by a third party's extraordinary traffic?

Ratio Decidendi

The action is not incompetent even though the surveyor's certificate does not state or demonstrate that regard was had to the average expense of repairing highways in the neighbourhood; it is sufficient that the road authority has such regard before raising action. The statutory width requirement does not bar recovery for extraordinary expenses caused by extraordinary traffic.

Court Disposition

Appeal dismissed; interlocutors affirmed; case remitted for proof.

Orders

  • Affirmation of Sheriff Court interlocutors
  • Remit to Sheriff Court for proof