Gray v St Andrews District Committee of Fife CC [1910] ScotCS CSIH_6 (09 December 1910)

The road authorities breached their statutory duty by failing to maintain a clear passable road width of at least 20 feet, causing the accident and injury; statutory duty is imperative, and both district committees are jointly and severally liable for damages.

Citation: [1910] ScotCS CSIH_6
Parties: Pursuer: Gray; Defender: St Andrews District Committee of Fife County Council; Defender: Cupar District Committee of Fife County Council
Jurisdiction: Scotland
Judgment Date: 09 December 1910
Procedural Posture: Personal Injury Damages / Final Appellate Judgment
Outcome: decree for pursuer
Legal Topics: Statutory Duty, Road Maintenance, Public Authority Liability, Personal Injury

Tort Statutory Liability Local Government Statutory Duty Road Maintenance Public Authority Liability Personal Injury

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Parties

Gray

Pursuer

St Andrews District Committee of Fife County Council

Defender

Cupar District Committee of Fife County Council

Defender

Procedural Posture

Personal Injury Damages / Final Appellate Judgment

Legal Issues

1 Whether road authorities breached statutory duty by failing to maintain minimum road width
2 Whether breach of statutory duty or negligence at common law renders road authorities liable for damages

Ratio Decidendi

Court Disposition

decree for pursuer

Orders

Defenders St Andrews and Cupar District Committees held jointly and severally liable for damages.
Pursuer awarded total damages of £175.