Cameron v Inverness-shire County Council
| Jurisdiction | Scotland |
| Judgment Date | 20 February 1935 |
| Date | 20 February 1935 |
| Docket Number | No. 49. |
| Court | Court of Session |
SC
Roads and Streets—Public roads—Liability of road authority—Duty to keep road clear of snow—Roads and Bridges (Scotland) Act, 1878 (41 and 42 Vict. cap. 51), sec. 11.
The Roads and Bridges (Scotland) Act, 1878, by sec. 11, vests the "management and maintenance" of the highways in the county in the county road trustees (now the county council).
In an action of damages brought by a sheep farmer against a county council as road authority, the pursuer averred that, as a result of a snowstorm, the public roads leading to two of his farms had been rendered impassable on 7th April 1934; that the defenders were vested in the management and maintenance of these roads; that the pursuer reported the condition of the roads to the defenders' servants; that one of the roads was not cleared until 11th April and the other until 14th April; that it was the defenders' duty, under sec. 11 of the Act of 1878, to take proper precautions to see that the roads were maintained free from obstruction; that they had failed in this duty; and that, in consequence of their failure, the pursuer was unable to get food for his sheep, many of which died and caused him to sustain serious losses.
Held that the county council, as road authority, were under no such specific statutory duty to clear the roads of snow as was averred by the pursuer, and accordingly, that in the absence of any averment of direct fault or negligence on the part of themselves or their servants, they were not liable for loss occasioned to the pursuer through the roads being blocked by snow; and action dismissed as irrelevant.
William John Cameron, farmer, Flichity, Inverness-shire, and tenant of the sheep farms of Ardochy and Killin, near Whitebridge, Inverness-shire, brought an action of damages in the Sheriff Court of Inverness, Elgin, and Nairn at Inverness against the County Council of the County of Inverness. The action was defended.
The parties averred, inter alia:—(Cond. 2) "By virtue of the Roads and Bridges (Scotland) Act, 1878,1 section 11, the Local Government (Scotland) Act, 1889,2 sections 11 and 16, and the Local Government (Scotland) Act, 1929,3 section 2 (a), the defenders are, inter alia, entrusted with the management and maintenance of highways in the County of Inverness. For the purpose of performing their said duties of management and maintenance, it is the duty of the defenders, inter alia, to inspect the condition of the highways. The said roads, and in particular the roads hereinafter referred to, are highways within the meaning of the said Acts, and are under the management and control of the defenders. …" (Cond. 3) "On Sunday, the 8th day of April 1934, as the result of a snow storm which began on 5th April, the public road leading from Killiechoilum to the farm of Ardochy was blocked by snow and impassable from 7th April until 11th April 1934, when it was opened by pursuer and his employees. The public road leading from Killiechoilum to Killin was blocked by snow and impassable from the 7th to 14th April 1934. The fact that these public roads were impassable prevented supplies of feeding stuffs reaching said farms for consumption by pursuer's stock. …" (Ans. 3) "Denied. … On 5th April 1934 a heavy fall of snow began which lasted until Sunday, 8th, with intermittent showers of snow falling from then until Wednesday, 11th. On Saturday, 7th, and Sunday, 8th, there was a strong wind, with the result that the drifting became serious and all the roads between Inverness and Fort Augustus were blocked for traffic on 8th or 9th April. Immediate steps were taken by the defenders to clear the roads, and the roads were cleared as expeditiously as possible, with the result that all the roads were clear by Saturday, 14th April. The road to Ardochy was cleared by the afternoon of 10th April. Denied that the road leading to Ardochy was opened by the pursuer. … Explained that there is no statutory or other duty on the defenders to clear the roads of snow, although the defenders are in the habit of opening up the roads where they are blocked with snow, but of necessity main roads are the first to receive attention. The defenders proceeded to clear all main roads before clearing side roads. Explained that the said roads from Killiechoilum to Ardochy and Killin are not main roads, but side roads leading from Whitebridge to and ending at Ardochy and Killin respectively." Conds. 4, 5, 6, and 7 narrated that the pursuer made early intimation to the defenders of the state of the roads, and made repeated appeals (set forth in detail) for their early clearance; that the Ardochy road was not cleared till 11th April and the Killin road until 14th April; and that, through failure to get food supplies to the farms, many sheep starved to death and others seriously depreciated in condition. (Cond. 8) "Said loss was sustained by pursuer...
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Ruth Margaret Macdonald V. Aberdeenshire Council
...authority was well‑established); Brierley v Midlothian County Council 1920 SLT 80 (fallen tree); Cameron v Inverness-shire County Council 1935 SC 493 (snow and ice); Rush v Glasgow Corporation 1947 SC 580 (manhole cover in disrepair); and Smith v Middleton 1971 SLT (Notes) 65 (defects in ro......
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Ruth Margaret Macdonald V. Aberdeenshire Council
...give rise to such a duty and it would not be fair, just and reasonable to impose such a duty. In Cameron v Inverness-shire County Council 1935 SC 493 a sheep farmer brought an action of damages against the county council as road authority because the public roads (of which the defenders wer......
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Kelly Elizabeth Morton (ap) V. West Lothian Council
...reasonable care. If any authority is needed for this proposition, it is to be found in cases such as Cameron v. Inverness County Council 1935 SC 493, Gordon v. Inverness Town Council 1957 SLT (Notes) 48, Grant v. Lothian Regional Council 1988 SLT 533 and Syme v. Scottish Borders Council 200......
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Danny Thomas Ryder V. The Highland Council
...v West Lothian Council (above) and Rainford v Aberdeenshire Council (above). Of a similar kind is Cameron v Inverness-shire County Council 1935 SC 493, in which the pursuer contended unsuccessfully that the roads authority were liable, without any averment of negligence on their part, for l......