Stevenson v. Lee [1909] ScotLR 11 (20 October 1909)

Stevenson v. Lee [1909] ScotLR 11 (20 October 1909)

A street 60 feet wide ending in a lane 20 feet wide, which provides egress to another public street, does not terminate in a cul de sac within the meaning of the Paisley Police and Public Health Act 1901, sec. 20. The only issue raised was whether the statutory prohibition applied, and it does not.

Citation
[1909] ScotLR 11
Parties
Petitioner: Thomas Stevenson; Respondent: James Lee
Jurisdiction
Scotland
Judgment Date
20 October 1909
Procedural Posture
Appeal From Dean of Guild Court / Judgment on Appeal
Outcome
Appeal sustained; interlocutor of Dean of Guild recalled; case remitted to Dean of Guild to repel respondent's plea-in-law and proceed as just.
Legal Topics
Building Regulations, Definition of Cul De Sac, Statutory Interpretation, Street Formation
Local Government Law Administrative Law Planning Law Building Regulations Definition of Cul De Sac Statutory Interpretation Street Formation

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Parties

Thomas Stevenson

Petitioner

James Lee

Respondent

Procedural Posture

Appeal From Dean of Guild Court / Judgment on Appeal

Legal Issues

  1. 1 Whether a proposed street ending in a 20-foot lane connecting to another street constitutes a 'cul de sac' under the Paisley Police and Public Health Act 1901, sec. 20.

Ratio Decidendi

A street 60 feet wide ending in a lane 20 feet wide, which provides egress to another public street, does not terminate in a cul de sac within the meaning of the Paisley Police and Public Health Act 1901, sec. 20. The only issue raised was whether the statutory prohibition applied, and it does not.

Court Disposition

Appeal sustained; interlocutor of Dean of Guild recalled; case remitted to Dean of Guild to repel respondent's plea-in-law and proceed as just.

Orders

  • Recall the interlocutor of the Dean of Guild.
  • Remit to the Dean of Guild to repel the plea-in-law for the respondent James Lee and to proceed as shall be just.