Glasgow and South-Western Railway Co. v. Caledonian Railway Co. [1902] ScotLR 39_565 (18 March 1902)

Glasgow and South-Western Railway Co. v. Caledonian Railway Co. [1902] ScotLR 39_565 (18 March 1902)

The accident was caused by the fault of a signalman employed by the joint-committee managing the joint-line. Section 54(22) of the Act entitles the pursuer to recover a fair proportion (one-half) of damages paid from the defender, as the act or default was committed in relation to the joint-line by the companies jointly.

Citation
[1902] ScotLR 39_565
Parties
Pursuer: Glasgow and South-Western Railway Company; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
18 March 1902
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Joint Liability, Statutory Regulation, Contribution Between Joint Owners, Accident Claims
Railway Law Statutory Interpretation Tort Joint Liability Statutory Regulation Contribution Between Joint Owners Accident Claims

Case Brief

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Parties

Glasgow and South-Western Railway Company

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the defender is liable to contribute one-half of damages paid by pursuer for accident on joint-line
  2. 2 Interpretation of section 54(22) of the Caledonian and Glasgow and South-Western Railways (Kilmarnock Joint-Line) Act 1869

Ratio Decidendi

The accident was caused by the fault of a signalman employed by the joint-committee managing the joint-line. Section 54(22) of the Act entitles the pursuer to recover a fair proportion (one-half) of damages paid from the defender, as the act or default was committed in relation to the joint-line by the companies jointly.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Defenders to pay pursuers £1617, 18s. 1d. sterling plus legal interest at 5% per annum from 8 June 1900 until payment
  • Defenders liable in expenses