Gaunt v. M'Intyre [1913] ScotLR 30 (30 October 1913)

Gaunt v. M'Intyre [1913] ScotLR 30 (30 October 1913)

The pursuer failed to aver that the proprietor had not complied with the statutory duty to provide and maintain lighting appliances to the satisfaction of the inspector of lighting under section 361 of the Glasgow Police Act 1866. In the absence of such an averment, and with no common law duty to light the stair, the action was irrelevant and could not succeed.

Citation
[1913] ScotLR 30
Parties
Pursuer: Mrs Catherine Gaunt; Defender: Malcolm M'Intyre
Jurisdiction
Scotland
Judgment Date
30 October 1913
Procedural Posture
Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; action dismissed as irrelevant
Legal Topics
Negligence, Occupier's Liability, Statutory Duty, Defective Premises, Duty to Visitors
Tort Statutory Interpretation Property Law Negligence Occupier's Liability Statutory Duty Defective Premises Duty to Visitors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Catherine Gaunt

Pursuer

Malcolm M'Intyre

Defender

Procedural Posture

Reparation (personal Injury) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the owner of a tenement owes a duty at common law or under statute to a visitor for injuries caused by defective lighting of a common stair.
  2. 2 Whether failure to maintain lighting constitutes breach of statutory duty under Glasgow Police Act 1866, section 361.

Ratio Decidendi

The pursuer failed to aver that the proprietor had not complied with the statutory duty to provide and maintain lighting appliances to the satisfaction of the inspector of lighting under section 361 of the Glasgow Police Act 1866. In the absence of such an averment, and with no common law duty to light the stair, the action was irrelevant and could not succeed.

Court Disposition

appeal dismissed; action dismissed as irrelevant

Orders

  • Appeal dismissed.
  • Interlocutor of the Sheriff-Substitute affirmed.