Baker v. Glasgow Corporation [1915] ScotLR 183 (04 December 1915)

Baker v. Glasgow Corporation [1915] ScotLR 183 (04 December 1915)

If the defenders' averments are proved, the wrong alleged was done in the course of an operation under the Public Health (Scotland) Act 1897, and the action is barred by section 166 as it was not commenced within two months of the cause of action.

Citation
[1915] ScotLR 183
Parties
Pursuer: Benjamin Baker; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
04 December 1915
Procedural Posture
Reparation (personal Injury) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor
Outcome
Interlocutor of 1st June 1915 recalled; proof allowed of defenders' averments on second plea-in-law; case remitted to Lord Ordinary for proof; pursuer awarded expenses since 1st June 1915.
Legal Topics
Limitation of Actions, Local Authority Liability, Statutory Duties, Public Health Legislation
Tort Law Public Law Statutory Interpretation Limitation of Actions Local Authority Liability Statutory Duties Public Health Legislation

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Parties

Benjamin Baker

Pursuer

Corporation of the City of Glasgow

Defenders

Procedural Posture

Reparation (personal Injury) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether section 166 of the Public Health (Scotland) Act 1897 bars the pursuer's action for damages as not raised within two months of the cause of action.
  2. 2 Whether the wrong alleged was done 'in or by any action, proceeding, or operation under this Act' within the meaning of section 166.

Ratio Decidendi

If the defenders' averments are proved, the wrong alleged was done in the course of an operation under the Public Health (Scotland) Act 1897, and the action is barred by section 166 as it was not commenced within two months of the cause of action.

Court Disposition

Interlocutor of 1st June 1915 recalled; proof allowed of defenders' averments on second plea-in-law; case remitted to Lord Ordinary for proof; pursuer awarded expenses since 1st June 1915.

Orders

  • Recall the interlocutor of 1st June 1915.
  • Allow parties a proof of averments relative to defenders' second plea-in-law, defenders to lead.