Wilson v. Mackay [1904] ScotLR 42_138 (30 November 1904)

Wilson v. Mackay [1904] ScotLR 42_138 (30 November 1904)

The alleged neglect by Colonel Mackay was solely in his public capacity as commander of the volunteer regiment; therefore, the action was excluded by section 1 of the Public Authorities Protection Act 1893 as it was not commenced within six months of the act complained of.

Citation
[1904] ScotLR 42_138
Parties
Pursuer: William Brown Wilson; Defender: 1st Edinburgh City Royal Garrison Artillery Volunteers; Defender: James Francis Mackay
Jurisdiction
Scotland
Judgment Date
30 November 1904
Procedural Posture
Civil Appeal (reparation) / Inner House, First Division, Reclaiming Motion
Outcome
action dismissed
Legal Topics
Statutory Limitation, Public Authority Liability, Crown Immunity, Military Negligence, Reparation
Tort Public Law Statutory Limitation Public Authority Liability Crown Immunity Military Negligence Reparation

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Parties

William Brown Wilson

Pursuer

1st Edinburgh City Royal Garrison Artillery Volunteers

Defender

James Francis Mackay

Defender

Procedural Posture

Civil Appeal (reparation) / Inner House, First Division, Reclaiming Motion

Legal Issues

  1. 1 Whether the action for damages against a commanding officer of a volunteer regiment is excluded by section 1 of the Public Authorities Protection Act 1893 due to being raised out of time and relating to acts done in execution of public duty.
  2. 2 Whether the alleged negligence was in a public or private capacity.

Ratio Decidendi

The alleged neglect by Colonel Mackay was solely in his public capacity as commander of the volunteer regiment; therefore, the action was excluded by section 1 of the Public Authorities Protection Act 1893 as it was not commenced within six months of the act complained of.

Court Disposition

action dismissed

Orders

  • Reclaiming-note sustained; interlocutor of Lord Ordinary recalled in so far as it allowed claim against Colonel Mackay as an individual; action dismissed in entirety.