Duncan v. Magistrates and Town Council of Hamilton [1902] ScotLR 40_140 (29 November 1902)

Duncan v. Magistrates and Town Council of Hamilton [1902] ScotLR 40_140 (29 November 1902)

The statutory limitation in section 166 of the Public Health (Scotland) Act 1897 applies to actions for negligence by servants of the local authority in the execution of statutory duties; the action was not brought within two months and is therefore barred.

Citation
[1902] ScotLR 40_140
Parties
Pursuer: Andrew Duncan; Defender: Magistrates and Town Council of Hamilton
Jurisdiction
Scotland
Judgment Date
29 November 1902
Procedural Posture
Reparation / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal refused, action dismissed
Legal Topics
Liability of Local Authority, Statutory Time Limitation, Negligence, Public Health (scotland) Act 1897
Tort Statutory Interpretation Public Health Law Liability of Local Authority Statutory Time Limitation Negligence Public Health (scotland) Act 1897

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Parties

Andrew Duncan

Pursuer

Magistrates and Town Council of Hamilton

Defender

Procedural Posture

Reparation / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Does section 166 of the Public Health (Scotland) Act 1897 bar the action for damages against the local authority for negligence by a servant?
  2. 2 Is the local authority included as a 'person' under section 166?
  3. 3 Does the statutory time limitation apply to actions for negligence by servants of the authority?

Ratio Decidendi

The statutory limitation in section 166 of the Public Health (Scotland) Act 1897 applies to actions for negligence by servants of the local authority in the execution of statutory duties; the action was not brought within two months and is therefore barred.

Court Disposition

appeal refused, action dismissed

Orders

  • affirmed interlocutor appealed against
  • dismissed the action