Hogg v Macpherson [1927] ScotHC HCJ_1 (08 November 1927)

The appellant was not liable because the breaking of the lamp was not his act, either negligent or accidental, but the result of a natural force, and thus did not fall within the statutory provision.

Citation: [1927] ScotHC HCJ_1
Parties: Appellant: Hogg; Respondent: Macpherson
Jurisdiction: Scotland
Judgment Date: 08 November 1927
Procedural Posture: Criminal Appeal / Appeal Judgment
Outcome: appeal allowed
Legal Topics: Liability for Accidental Damage, Statutory Interpretation

Criminal Law Municipal Law Liability for Accidental Damage Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Hogg

Appellant

Macpherson

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

1 Whether the appellant was liable under the General Police Act 1862 for damage to a street lamp caused by an act of nature while driving a van

Ratio Decidendi

The appellant was not liable because the breaking of the lamp was not his act, either negligent or accidental, but the result of a natural force, and thus did not fall within the statutory provision.

Court Disposition

appeal allowed

Orders

award against appellant set aside