Keenan v. Glasgow Corporation [1923] ScotLR 403 (20 March 1923)

Keenan v. Glasgow Corporation [1923] ScotLR 403 (20 March 1923)

The pursuer's pleadings were insufficient to establish a case at common law due to vagueness and confusion, but were sufficient to establish a relevant case of statutory liability against the Corporation for failure to inspect and ensure repair of a dangerous pavement under the applicable statutes. The Corporation's statutory control and possession of the pavement imposed a duty to act for public safety, and the case should proceed to trial on that basis.

Citation
[1923] ScotLR 403
Parties
Pursuer: John Keenan; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
20 March 1923
Procedural Posture
Reparation (personal Injury) / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; interlocutor of Lord Ordinary adhered to; case remitted for trial on statutory liability only.
Legal Topics
Public Authority Liability, Statutory Duty of Repair, Personal Injury, Negligence, Pleading Requirements
Tort Statutory Liability Local Government Law Public Authority Liability Statutory Duty of Repair Personal Injury Negligence Pleading Requirements

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Parties

John Keenan

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the Corporation of Glasgow is liable in damages for injuries caused by a defective kerbstone under common law and/or statute
  2. 2 Whether the pursuer's pleadings are relevant to establish liability at common law and/or under statute
  3. 3 Whether the Corporation's statutory duties regarding foot-pavements not 'taken over' include inspection and repair obligations

Ratio Decidendi

The pursuer's pleadings were insufficient to establish a case at common law due to vagueness and confusion, but were sufficient to establish a relevant case of statutory liability against the Corporation for failure to inspect and ensure repair of a dangerous pavement under the applicable statutes. The Corporation's statutory control and possession of the pavement imposed a duty to act for public safety, and the case should proceed to trial on that basis.

Court Disposition

Reclaiming note refused; interlocutor of Lord Ordinary adhered to; case remitted for trial on statutory liability only.

Orders

  • Pursuer's averments of statutory liability allowed to proceed to proof before jury.
  • Pursuer's averments of common law liability held irrelevant and excluded from inquiry.