Corporation of Glasgow v. Carter-Campbell [1901] ScotLR 38_422 (05 March 1901)

Corporation of Glasgow v. Carter-Campbell [1901] ScotLR 38_422 (05 March 1901)

By majority, the court held that the sewer was an ordinary public sewer within the meaning of the Glasgow Police Act 1866, and that the existence of the farmhouse and steading on the defender's land adjoining the road satisfied the statutory trigger for liability under section 329. The defender was liable for the proportion of the expense corresponding to the whole frontage of her lands to the relevant part of the road, not just the frontage opposite the building.

Citation
[1901] ScotLR 38_422
Parties
Pursuer: Corporation of Glasgow; Defender: Mrs Emily Georgina Carter-Campbell of Possil, Glasgow, and Colonel Thomas Tupper Carter-Campbell
Jurisdiction
Scotland
Judgment Date
05 March 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division, With Additional Judges
Outcome
Appeal dismissed by majority; interlocutor of Lord Ordinary affirmed.
Legal Topics
Liability for Public Works, Allocation of Sewer Construction Costs, Interpretation of 'public Sewer' Under Glasgow Police Act 1866, Trigger for Payment Obligation Under Statute, Definition of 'land or Heritage'
Local Government Law Statutory Interpretation Property Law Liability for Public Works Allocation of Sewer Construction Costs Interpretation of 'public Sewer' Under Glasgow Police Act 1866 Trigger for Payment Obligation Under Statute Definition of 'land or Heritage'

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Parties

Corporation of Glasgow

Pursuer

Mrs Emily Georgina Carter-Campbell of Possil, Glasgow, and Colonel Thomas Tupper Carter-Campbell

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division, With Additional Judges

Legal Issues

  1. 1 Whether the sewer constructed by the Corporation was an 'ordinary public sewer' under the Glasgow Police Act 1866
  2. 2 Whether the defender, as proprietor of lands adjoining the road, was liable for a proportion of the expense under section 329
  3. 3 Whether the existence of the farmhouse and steading constituted a 'building erected on a land or heritage adjoining' the road, triggering liability

Ratio Decidendi

By majority, the court held that the sewer was an ordinary public sewer within the meaning of the Glasgow Police Act 1866, and that the existence of the farmhouse and steading on the defender's land adjoining the road satisfied the statutory trigger for liability under section 329. The defender was liable for the proportion of the expense corresponding to the whole frontage of her lands to the relevant part of the road, not just the frontage opposite the building.

Court Disposition

Appeal dismissed by majority; interlocutor of Lord Ordinary affirmed.

Orders

  • Defender Mrs Emily Georgina Carter-Campbell ordained to pay £1051, 15s. 2d. with interest as concluded for.