Neilson v. R. B. Wilson & Co. [1904] ScotLR 42_111 (17 November 1904)

Neilson v. R. B. Wilson & Co. [1904] ScotLR 42_111 (17 November 1904)

The strip of ground in question, by virtue of the statutory provisions and the plans submitted for lining, has been dedicated to public street purposes and cannot be reclaimed by the proprietor. The proprietors are liable for the formation and repair of the footpath as required by the Master of Works, and the Dean of Guild was correct in granting the order for the works to be executed at their expense.

Citation
[1904] ScotLR 42_111
Parties
Petitioner/respondent: George Neilson, Procurator-Fiscal of the Glasgow Dean of Guild Court; Defender/appellant: R. B. Wilson & Company; Defender/appellant: John Howie (representing Thomas M'Dougall)
Jurisdiction
Scotland
Judgment Date
17 November 1904
Procedural Posture
Appeal From Dean of Guild Court (petition for Order to Repair/construct Footpath) / Appeal Judgment (inner House, First Division, Court of Session)
Outcome
appeal dismissed; Dean of Guild's order affirmed
Legal Topics
Dedication of Land to Public Use, Building Regulations, Street Repair Liability, Statutory Interpretation
Property Law Local Government Law Public Law Dedication of Land to Public Use Building Regulations Street Repair Liability Statutory Interpretation

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Parties

George Neilson, Procurator-Fiscal of the Glasgow Dean of Guild Court

Petitioner/respondent

R. B. Wilson & Company

Defender/appellant

John Howie (representing Thomas M'Dougall)

Defender/appellant

Procedural Posture

Appeal From Dean of Guild Court (petition for Order to Repair/construct Footpath) / Appeal Judgment (inner House, First Division, Court of Session)

Legal Issues

  1. 1 Whether the strip of land between the building line and the former wall is dedicated to public street purposes under the Glasgow Building Regulations Act 1900, section 20.
  2. 2 Whether the proprietors are liable to repair or construct the footpath on that strip under the Glasgow Police Act 1866, section 317.

Ratio Decidendi

The strip of ground in question, by virtue of the statutory provisions and the plans submitted for lining, has been dedicated to public street purposes and cannot be reclaimed by the proprietor. The proprietors are liable for the formation and repair of the footpath as required by the Master of Works, and the Dean of Guild was correct in granting the order for the works to be executed at their expense.

Court Disposition

appeal dismissed; Dean of Guild's order affirmed

Orders

  • Proprietors (R. B. Wilson & Company and John Howie) are ordained to execute the required works to form and repair the footpath as specified by the Master of Works.