Airdrie, Coatbridge, and District Water Trustees v. Flanagan [1906] ScotLR 43_422 (07 March 1906)

Airdrie, Coatbridge, and District Water Trustees v. Flanagan [1906] ScotLR 43_422 (07 March 1906)

A public-house without sleeping accommodation is not a 'private dwelling-house' within the meaning of section 52 of the 1846 Act and thus is not entitled to a domestic water rate. The Trustees are not entitled to charge the domestic rate but must supply water at meter rates under section 42 of the 1900 Act, with the rate and terms fixed by agreement or by the Sheriff in case of dispute.

Citation
[1906] ScotLR 43_422
Parties
Pursuer: Airdrie, Coatbridge, and District Water Trustees; Defender: James Flanagan
Jurisdiction
Scotland
Judgment Date
07 March 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Appeal dismissed; interlocutor of the Lord Ordinary affirmed; defender assoilzied (absolved) from conclusions of the summons.
Legal Topics
Water Rates, Classification of Premises, Statutory Supply Obligations, Metered Supply, Domestic Vs Trade Use
Public Utilities Law Statutory Interpretation Water Rates Classification of Premises Statutory Supply Obligations Metered Supply Domestic Vs Trade Use

Case Brief

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Parties

Airdrie, Coatbridge, and District Water Trustees

Pursuer

James Flanagan

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether a public-house without sleeping accommodation is a 'private dwelling-house' under the Airdrie and Coatbridge Waterworks Act 1846, section 52, entitling it to domestic water rates.
  2. 2 Whether the Water Trustees are entitled to charge the domestic water rate or must supply water at meter rates under the relevant statutes.

Ratio Decidendi

A public-house without sleeping accommodation is not a 'private dwelling-house' within the meaning of section 52 of the 1846 Act and thus is not entitled to a domestic water rate. The Trustees are not entitled to charge the domestic rate but must supply water at meter rates under section 42 of the 1900 Act, with the rate and terms fixed by agreement or by the Sheriff in case of dispute.

Court Disposition

Appeal dismissed; interlocutor of the Lord Ordinary affirmed; defender assoilzied (absolved) from conclusions of the summons.

Orders

  • The Trustees are not entitled to charge the domestic water rate for the public-house.
  • The defender is entitled to a supply at meter rates as fixed by the Sheriff.