Caldwell v. Glasgow Corporation [1920] ScotLR 219 (29 January 1920)

Caldwell v. Glasgow Corporation [1920] ScotLR 219 (29 January 1920)

The pursuers failed to make relevant averments of specific defect in fittings or breach of the statutory standard of gas supply prevailing at the time. There was no allegation that the Corporation failed to comply with the applicable statutory or regulatory standards. Therefore, no relevant case of fault or breach of duty was established against the Corporation.

Citation
[1920] ScotLR 219
Parties
Pursuers: Mrs Ellen Boyle or Caldwell and others; Defenders: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
29 January 1920
Procedural Posture
Reparation (damages for Death Due to Alleged Negligence) / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed
Legal Topics
Negligence, Statutory Duty, Relevancy of Pleadings, Liability of Public Authorities, Emergency Legislation
Tort Statutory Interpretation Public Law Negligence Statutory Duty Relevancy of Pleadings Liability of Public Authorities Emergency Legislation

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mrs Ellen Boyle or Caldwell and others

Pursuers

Corporation of Glasgow

Defenders

Procedural Posture

Reparation (damages for Death Due to Alleged Negligence) / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether the Corporation of Glasgow was liable for the death of John Boyle due to insufficient lighting in a common stair under statutory duties.
  2. 2 Whether the pursuers' pleadings were relevant and sufficient to establish fault or breach of statutory duty.

Ratio Decidendi

The pursuers failed to make relevant averments of specific defect in fittings or breach of the statutory standard of gas supply prevailing at the time. There was no allegation that the Corporation failed to comply with the applicable statutory or regulatory standards. Therefore, no relevant case of fault or breach of duty was established against the Corporation.

Court Disposition

appeal dismissed; action dismissed

Orders

  • The Court adhered to the Lord Ordinary's interlocutor dismissing the action.