Corporation of Shoreditch v. Bull [1904] UKHL 473 (02 February 1904)

Corporation of Shoreditch v. Bull [1904] UKHL 473 (02 February 1904)

A local authority that interferes with the structure of a road is liable for injuries caused by its failure to restore the road to a safe and proper condition, as this constitutes misfeasance rather than nonfeasance.

Citation
[1904] UKHL 473
Parties
Defendant/appellant: Corporation of Shoreditch; Plaintiff/respondent: Bull
Jurisdiction
United Kingdom
Judgment Date
02 February 1904
Procedural Posture
Civil Appeal / Appeal to House of Lords From Court of Appeal
Outcome
appeal dismissed; judgment for plaintiff/respondent affirmed
Legal Topics
Public Authority Liability, Misfeasance Vs Nonfeasance, Highway Maintenance, Reparation for Personal Injury
Tort Law Local Government Law Public Authority Liability Misfeasance Vs Nonfeasance Highway Maintenance Reparation for Personal Injury

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Parties

Corporation of Shoreditch

Defendant/appellant

Bull

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal to House of Lords From Court of Appeal

Legal Issues

  1. 1 Whether a local authority is liable in damages for injuries caused by a road rendered dangerous after works, due to subsequent weather conditions.
  2. 2 Whether the acts of the local authority constituted misfeasance or nonfeasance.

Ratio Decidendi

A local authority that interferes with the structure of a road is liable for injuries caused by its failure to restore the road to a safe and proper condition, as this constitutes misfeasance rather than nonfeasance.

Court Disposition

appeal dismissed; judgment for plaintiff/respondent affirmed

Orders

  • Appeal dismissed with costs.
  • Judgment of Court of Appeal affirmed in favour of plaintiff.