Seton v. Linlithgow Burgh Commissioners [1900] ScotLR 37_715 (30 May 1900)

Seton v. Linlithgow Burgh Commissioners [1900] ScotLR 37_715 (30 May 1900)

The Burgh Commissioners are entitled, without the proprietor's written consent, to supply surplus water to the Railway Company at its station within the burgh for use in locomotives, even if those locomotives subsequently travel outside the burgh, as the supply is made to a trader within the burgh and is consistent with statutory and contractual powers.

Citation
[1900] ScotLR 37_715
Parties
Pursuer: Patrick Baron Seton of Preston; Defender: Linlithgow Burgh Commissioners
Jurisdiction
Scotland
Judgment Date
30 May 1900
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed; judgment affirmed
Legal Topics
Water Supply, Lease Interpretation, Statutory Powers, Trading Purposes
Public Health Property Law Contract Law Water Supply Lease Interpretation Statutory Powers Trading Purposes

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Parties

Patrick Baron Seton of Preston

Pursuer

Linlithgow Burgh Commissioners

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the Burgh Commissioners can supply surplus water to the North British Railway Company for use in locomotives passing beyond the burgh without the proprietor's written consent
  2. 2 Interpretation of section 89(3) of the Public Health (Scotland) Act 1867 and the lease restrictions

Ratio Decidendi

The Burgh Commissioners are entitled, without the proprietor's written consent, to supply surplus water to the Railway Company at its station within the burgh for use in locomotives, even if those locomotives subsequently travel outside the burgh, as the supply is made to a trader within the burgh and is consistent with statutory and contractual powers.

Court Disposition

appeal dismissed; judgment affirmed

Orders

  • absolvitor granted in favour of the defenders
  • defenders assoilzied from the conclusions of the summons with expenses