Slater v. A. & J. M'Lellan [1924] ScotLR 598 (02 July 1924)

Slater v. A. & J. M'Lellan [1924] ScotLR 598 (02 July 1924)

The defenders were liable for the damage caused by fire to the pursuer's property because the use of a steam waggon and trailer carrying a readily ignitable load on a public road, which emitted sparks, constituted a dangerous nuisance. Liability attached without proof of negligence, as the nuisance was established both at common law and under section 13 of the Locomotive Act 1861.

Citation
[1924] ScotLR 598
Parties
Pursuer: James Peter Slater; Defenders: A. & J. M'Lellan
Jurisdiction
Scotland
Judgment Date
02 July 1924
Procedural Posture
Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House, First Division
Outcome
Appeal allowed; decree for pursuer.
Legal Topics
Dangerous Nuisance, Liability for Damage by Fire, Use of Locomotives on Public Roads, Locomotive Act 1861, Common Law Nuisance, Strict Liability
Tort Nuisance Statutory Interpretation Dangerous Nuisance Liability for Damage by Fire Use of Locomotives on Public Roads Locomotive Act 1861 Common Law Nuisance +1 more

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Parties

James Peter Slater

Pursuer

A. & J. M'Lellan

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the use of a steam waggon and trailer carrying an inflammable load on a public road, which resulted in fire damage to adjoining property, constituted a dangerous nuisance for which the defenders were liable without proof of negligence.
  2. 2 Whether liability arises under section 13 of the Locomotive Act 1861 and/or at common law for nuisance caused by sparks from a locomotive.

Ratio Decidendi

The defenders were liable for the damage caused by fire to the pursuer's property because the use of a steam waggon and trailer carrying a readily ignitable load on a public road, which emitted sparks, constituted a dangerous nuisance. Liability attached without proof of negligence, as the nuisance was established both at common law and under section 13 of the Locomotive Act 1861.

Court Disposition

Appeal allowed; decree for pursuer.

Orders

  • Defenders found liable in damages to pursuer for injury to property caused by dangerous nuisance.
  • Damages assessed at £60.