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Sargerson v McIlhagga and Another

Northern Ireland Law Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1963
Date01 January 1963
CourtAssizes (Northern Ireland)
(Assize)
Sargerson
and
McIlhagga and Another

Defect in gutter -Injury to pedestrian - Liability of owners and occupiers of building - Belfast Corporation Act, 1845, ss. 141, 142.

By section 142 of the Belfast Corporation Act, 1845, the owner or occupier of any building within the limits of the Act is required to "cause the water to be conveyed from such . . . building either by drains . . . or by means of iron drain gutters to be fixed in the flagging or pavement", and it is provided that "it shall be lawful for the Surveyor to permit any such owner or occupier to take up so much of the pavement or flagging of any street as may be requisite, and to . . . fix the said iron drain gutters under the direction of the Council or their Surveyor." The plaintiff sustained personal injuries while walking on the footpath of a street in Belfast when she tripped over an iron drain gutter which had been set in the footpath to carry away rain water from premises owned or occupied by the defendants. The top of the gutter had become raised above the level of the pavement and there was evidence that this condition had existed for some...

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