St George Co-operative Society, Ltd v. Corporation of Glasgow [1921] ScotLR 568 (08 July 1921)

St George Co-operative Society, Ltd v. Corporation of Glasgow [1921] ScotLR 568 (08 July 1921)

The Corporation of Glasgow was under a statutory obligation to provide a suitable and efficient drainage system capable of effectually disposing of all sewage lawfully entering the main sewers, including from properties properly connected under statutory procedures. Having failed to do so, and with repeated prior warnings of inadequacy, the Corporation was liable for damages caused by regurgitation of sewage into the pursuers' premises during heavy but not unprecedented rainfall. The risk of such flooding lay with the Corporation, not the pursuers, who had complied with all statutory requirements for connection.

Citation
[1921] ScotLR 568
Parties
Pursuer: St George Co-operative Society, Limited; Defender: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
08 July 1921
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute to Inner House, Second Division
Outcome
appeal dismissed; judgment for pursuers affirmed
Legal Topics
Statutory Duty of Local Authority, Liability for Flooding, Nuisance, Negligence, Public Health, Drainage and Sewers
Public Law Tort Law Statutory Interpretation Local Government Law Statutory Duty of Local Authority Liability for Flooding Nuisance Negligence +2 more

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Parties

St George Co-operative Society, Limited

Pursuer

Corporation of Glasgow

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute to Inner House, Second Division

Legal Issues

  1. 1 Whether the Corporation of Glasgow was under a statutory duty to provide an adequate drainage system to prevent flooding of private property connected to public sewers.
  2. 2 Whether the Corporation was liable for damages caused by regurgitation of sewage into the pursuers' premises during heavy but not unprecedented rainfall.
  3. 3 Whether the pursuers assumed the risk of flooding by connecting their drains to the public sewer.

Ratio Decidendi

The Corporation of Glasgow was under a statutory obligation to provide a suitable and efficient drainage system capable of effectually disposing of all sewage lawfully entering the main sewers, including from properties properly connected under statutory procedures. Having failed to do so, and with repeated prior warnings of inadequacy, the Corporation was liable for damages caused by regurgitation of sewage into the pursuers' premises during heavy but not unprecedented rainfall. The risk of such flooding lay with the Corporation, not the pursuers, who had complied with all statutory requirements for connection.

Court Disposition

appeal dismissed; judgment for pursuers affirmed

Orders

  • Defenders (Corporation of Glasgow) to pay the sum sued for (£1082, 17s.) to the pursuers (St George Co-operative Society, Limited).
  • Defenders liable in expenses.