M'Nee and Others v. Brownlie's Trustees

Question by Lord Young—Whether a landlord is liable to his tenant for loss arising from defective drainage apart from any special averment of fault on his part.

Mrs Jeanie Fowler M'Culloch or M'Nee, 21 Seymour Street, Glasgow, with consent of her husband James M'Nee junior, and James M'Nee junior for himself, and as tutor for his pupil child Jeanie Fowler M'Culloch M'Nee, brought an action in the Sheriff Court at Glasgow against the testamentary trustees of the late William Brownlie, 30 M'Culloch Street, Pollok-shields, Glasgow, for £200 damages on account of loss sustained by them owing to the defective condition of the drains of a house rented by them from the defenders.

The defenders denied that complaints had been made until September 1888, when they overhauled the pipes and drains, and put them in order where necessary.

The defenders pleaded—“(1) The action is irrelevant. (2) The pursuers having remained in the house for months after they believed the house to be in an insanitary condition, and the illness and others of which they complain having supervened after that event, they are not entitled to insist in the action. (3) The defenders, having so soon as possible after complaint was made to them that the house was in an insanitary condition, caused the sewage pipes and drains to be overhauled and put into proper order where necessary, are entitled to be assoilzied, with expenses.”

The Sheriff-Substitute ( Spens ) on 28th February 1889 allowed a proof before answer.