Huber v. Ross [1912] ScotLR 580 (20 March 1912)

Huber v. Ross [1912] ScotLR 580 (20 March 1912)

A landlord who lets premises for a specific purpose is liable for structural damage and for physical, tangible injuries (including vibration and dust) caused by his own operations on adjacent property, even if conducted without negligence, where such injuries materially affect the premises or business. Liability does not extend to noise or temporary interference with access. Damages include restoration costs, loss of business during restoration, injury to furniture and materials, and loss of business arising from material physical injuries.

Citation
[1912] ScotLR 580
Parties
Pursuer: A. C. Huber; Defender: A. M. Ross
Jurisdiction
Scotland
Judgment Date
20 March 1912
Procedural Posture
Reparation (damages) / Appeal From Interlocutor of Lord Ordinary
Outcome
judgment for pursuer (appeal allowed in part)
Legal Topics
Derogation From Grant, Measure of Damages, Urban Tenement, Landlord's Liability for Operations, Implied Obligations in Lease
Landlord and Tenant Reparation Property Law Derogation From Grant Measure of Damages Urban Tenement Landlord's Liability for Operations Implied Obligations in Lease

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Parties

A. C. Huber

Pursuer

A. M. Ross

Defender

Procedural Posture

Reparation (damages) / Appeal From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Is a landlord liable for damages to a tenant's business and property caused by operations on adjacent premises, absent negligence?
  2. 2 Does the principle of derogation from grant apply to temporary physical injuries caused by landlord's works?
  3. 3 What is the proper measure of damages for structural and non-structural injury to leased premises?

Ratio Decidendi

A landlord who lets premises for a specific purpose is liable for structural damage and for physical, tangible injuries (including vibration and dust) caused by his own operations on adjacent property, even if conducted without negligence, where such injuries materially affect the premises or business. Liability does not extend to noise or temporary interference with access. Damages include restoration costs, loss of business during restoration, injury to furniture and materials, and loss of business arising from material physical injuries.

Court Disposition

judgment for pursuer (appeal allowed in part)

Orders

  • Defender to restore pursuer's premises to original condition to satisfaction of appointed architect.
  • Defender to pay pursuer £30 for loss of business during restoration.