Pollock v. North British Railway Co. [1900] ScotLR 37_881 (15 June 1900)

Pollock v. North British Railway Co. [1900] ScotLR 37_881 (15 June 1900)

The railway company was under a statutory obligation to provide accommodation works forthwith after rendering the existing crossing unsafe and inconvenient. Their delay constituted a breach of statutory duty, for which they are liable in damages at common law, as the statute does not exclude such remedy.

Citation
[1900] ScotLR 37_881
Parties
Pursuer: Walter Pollock; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
15 June 1900
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary to Inner House
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; decree for pursuer
Legal Topics
Damages for Statutory Breach, Accommodation Works, Common Law Liability, Statutory Obligations Under Railways Clauses Consolidation (scotland) Act 1845
Tort Statutory Interpretation Property Railway Law Damages for Statutory Breach Accommodation Works Common Law Liability Statutory Obligations Under Railways Clauses Consolidation (scotland) Act 1845

Case Brief

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Parties

Walter Pollock

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Is the railway company liable in damages for failing to provide accommodation works timeously under statutory and common law obligations?
  2. 2 Does section 46 and 48 of the Railways Clauses Consolidation (Scotland) Act 1845 apply to the facts?
  3. 3 Is liability for delay in providing accommodation works limited to statutory remedies or does common law liability arise?

Ratio Decidendi

The railway company was under a statutory obligation to provide accommodation works forthwith after rendering the existing crossing unsafe and inconvenient. Their delay constituted a breach of statutory duty, for which they are liable in damages at common law, as the statute does not exclude such remedy.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; decree for pursuer

Orders

  • Defenders to pay pursuer £200 sterling in damages with interest at 5% per annum from date of citation until payment
  • Pursuer entitled to expenses