Edwards and Another v. The Parochial Board of Kinloss and Another

On complaint that an unoccupied house was dangerous to the public, the officer of a local authority under the Public Health Act pulled it down without intimation to the owner or instructions from the local authority. The local authority, however, adopted his proceedings.

In an action by the owner raised more than two months after the proceedings, held that the officer had acted outwith the provisions of the Public Health Act, that accordingly the three months' limitation did not apply, and that the local authority having adopted the actings of their servant, were liable in damages.

John Edwards sued the Parochial Board of the Parish of Kinloss as the Local Authority under the Public Health (Scotland) Act 1867, and Archibald Keir Leitch, their clerk, for damages for the demolition of certain house property in the village of Findhorn.

In June 1886 Leitch received a letter from the agents of the adjoining property calling his attention to the ruinous state of the subjects in question which had been unoccupied for some years, and which were alleged to be dangerous to the public from the falling of loose slates. Leitch visited the premises, and after inspection he ordered the removal of the loose slates with a view to rendering the building safe.

In February 1890 Leitch, in consequence of further complaints made regarding the state of the house, and after a report from a mason in Forres, but without the consent of the pursuers or notice to them, or without the authority of his employers, removed the remaining slates, threw down the walls to a height of from four to five feet from the ground, took down and removed the roofing and fittings, and sold the timber so removed. The house was then in a filthy condition, and was used largely as a public convenience.