Snedden v. James Nimmo & Co., Ltd [1903] ScotLR 40_750 (04 July 1903)

Snedden v. James Nimmo & Co., Ltd [1903] ScotLR 40_750 (04 July 1903)

The defenders, not being owners or occupiers of the waste ground where the accident occurred, and having engaged in a necessary and ordinary operation (discharging hot water), owed no relevant duty of care to the pursuer's child. No actionable fault was disclosed on the record.

Citation
[1903] ScotLR 40_750
Parties
Pursuer/appellant: John Snedden; Defender/respondent: James Nimmo & Company, Limited
Jurisdiction
Scotland
Judgment Date
04 July 1903
Procedural Posture
Civil Appeal (reparation/damages) / Appeal From Sheriff Substitute to Inner House, First Division
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Duty of Care, Liability for Dangerous Operations, Occupier's Liability, Children and Public Safety
Tort Reparation Negligence Duty of Care Liability for Dangerous Operations Occupier's Liability Children and Public Safety

Case Brief

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Parties

John Snedden

Pursuer/appellant

James Nimmo & Company, Limited

Defender/respondent

Procedural Posture

Civil Appeal (reparation/damages) / Appeal From Sheriff Substitute to Inner House, First Division

Legal Issues

  1. 1 Whether the defenders owed a duty of care to prevent harm from boiling water discharged into a ditch on land they did not own or occupy
  2. 2 Whether the operation of discharging hot water constituted actionable negligence under the circumstances

Ratio Decidendi

The defenders, not being owners or occupiers of the waste ground where the accident occurred, and having engaged in a necessary and ordinary operation (discharging hot water), owed no relevant duty of care to the pursuer's child. No actionable fault was disclosed on the record.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • action dismissed
  • no liability found against defenders