M'Intyre v. The Lochaber District Committee of the County Council of Inverness [1901] ScotLR 39_162 (22 November 1901)

A parapet wall of 8-14 inches in height does not constitute a sufficient fence under the statutory requirement; the road authority failed in its duty and is liable for damages to the pursuer.

Citation: [1901] ScotLR 39_162
Parties: Pursuer/respondent: John M'Intyre; Defender/appellant: The Lochaber District Committee of the County Council of Inverness
Jurisdiction: Scotland
Judgment Date: 22 November 1901
Procedural Posture: Reparation Action / Appeal From Sheriff Substitute to Court of Session Inner House Second Division
Outcome: appeal dismissed
Legal Topics: Negligence, Public Safety, Road Authority Liability, Statutory Interpretation

Tort Statutory Liability Negligence Public Safety Road Authority Liability Statutory Interpretation

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Parties

John M'Intyre

Pursuer/respondent

The Lochaber District Committee of the County Council of Inverness

Defender/appellant

Procedural Posture

Reparation Action / Appeal From Sheriff Substitute to Court of Session Inner House Second Division

Legal Issues

1 Whether a parapet wall of 8-14 inches in height constitutes a 'sufficient fence' under section 94 of the General Turnpike Act as incorporated by the Roads and Bridges (Scotland) Act 1878
2 Whether the road authority is liable for damages resulting from insufficient fencing on a bridge

Ratio Decidendi

A parapet wall of 8-14 inches in height does not constitute a sufficient fence under the statutory requirement; the road authority failed in its duty and is liable for damages to the pursuer.

Court Disposition

appeal dismissed

Orders

damages assessed at £25 payable to pursuer
defenders liable in expenses