Liebow v. Howat's Trustees [1901] ScotLR 38_255 (15 January 1901)

Liebow v. Howat's Trustees [1901] ScotLR 38_255 (15 January 1901)

The action was dismissed as irrelevant because the alleged harm occurred after the property had passed to a new owner, at which point the defenders had neither duty nor power regarding the premises. Additionally, the pursuer, being aware of the defects, assumed the risk by remaining in the house.

Citation
[1901] ScotLR 38_255
Parties
Pursuer/appellant: Hugh Liebow; Defenders/respondents: Robert Keay and others, trustees of the late George Howat
Jurisdiction
Scotland
Judgment Date
15 January 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed; action dismissed as irrelevant
Legal Topics
Reparation, Negligence, Defective Premises, Landlord's Duty, Causation
Tort Landlord and Tenant Reparation Negligence Defective Premises Landlord's Duty Causation

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Parties

Hugh Liebow

Pursuer/appellant

Robert Keay and others, trustees of the late George Howat

Defenders/respondents

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the trustees of a deceased landlord are liable in damages for illness and death allegedly caused by defective drainage during the tenancy after the property was sold to a new owner.
  2. 2 Whether the pursuer's continued occupation with knowledge of defects bars recovery.

Ratio Decidendi

The action was dismissed as irrelevant because the alleged harm occurred after the property had passed to a new owner, at which point the defenders had neither duty nor power regarding the premises. Additionally, the pursuer, being aware of the defects, assumed the risk by remaining in the house.

Court Disposition

appeal dismissed; action dismissed as irrelevant

Orders

  • Appeal dismissed
  • Interlocutors of the Sheriff-Substitute and Sheriff adhered to