Gray v. St Andrews District Committee of Fife County Council and Others [1911] ScotLR 409 (09 December 1911)

Gray v. St Andrews District Committee of Fife County Council and Others [1911] ScotLR 409 (09 December 1911)

The statutory requirement under the Highways (Scotland) Act 1771, sec. 1, to maintain a clear passable road of at least 20 feet width is imperative, not merely permissive. Both district committees, being responsible for their respective halves of the road, are jointly and severally liable to the pursuer for damages resulting from their joint breach of this statutory duty, regardless of any maintenance arrangement between them. The accident was caused by the illegal narrowing of the road, not by any contributory negligence of the pursuer or his driver.

Citation
[1911] ScotLR 409
Parties
Pursuer: David Gray; Defender: St Andrews District Committee of Fife County Council; Defender: Cupar District Committee of Fife County Council
Jurisdiction
Scotland
Judgment Date
09 December 1911
Procedural Posture
Civil Action for Damages / Judgment After Proof Before Answer in the Court of Session, Inner House, Second Division
Outcome
Decree for the pursuer; defenders found jointly and severally liable for damages.
Legal Topics
Statutory Duty of Road Authorities, Construction of Imperative Vs Permissive Statutory Language, Joint and Several Liability, Public Highways Maintenance, Delegation of Statutory Duties
Tort Statutory Interpretation Local Government Law Statutory Duty of Road Authorities Construction of Imperative Vs Permissive Statutory Language Joint and Several Liability Public Highways Maintenance Delegation of Statutory Duties

Case Brief

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Parties

David Gray

Pursuer

St Andrews District Committee of Fife County Council

Defender

Cupar District Committee of Fife County Council

Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof Before Answer in the Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether the statutory requirement under the Highways (Scotland) Act 1771, sec. 1, to maintain a road of at least 20 feet width is imperative or permissive.
  2. 2 Whether both district committees are jointly and severally liable for failure to maintain the statutory width, despite an arrangement delegating maintenance responsibility.
  3. 3 Whether the accident was caused by breach of statutory duty or by negligence of the pursuer or his driver.

Ratio Decidendi

The statutory requirement under the Highways (Scotland) Act 1771, sec. 1, to maintain a clear passable road of at least 20 feet width is imperative, not merely permissive. Both district committees, being responsible for their respective halves of the road, are jointly and severally liable to the pursuer for damages resulting from their joint breach of this statutory duty, regardless of any maintenance arrangement between them. The accident was caused by the illegal narrowing of the road, not by any contributory negligence of the pursuer or his driver.

Court Disposition

Decree for the pursuer; defenders found jointly and severally liable for damages.

Orders

  • Defenders to pay the pursuer £175 in damages, jointly and severally.