M'Feat v. Rankin's Trustees

William M'Feat, joiner, Glasgow, raised this action against Patrick Rankin of Otter and others, trustees of the late Patrick Rankin and others, who were the proprietors of a quarry called Glenboig Quarry near Airdrie. The pursuer, who was employed as a workman by Mr James Dunnachie, the lessee of a clay-field in the neighbourhood belonging to the defenders, in January 1878 accidentally fell into the quarry when on his way to his work, Page: 615 ↓

The defenders pleaded inter alia —“(2) The said quarry being in no way dangerous to the lieges, and there being no culpa attachable to the defenders, they ought to be assoilzied, with costs. (3) Either the defenders' tenant, the said Alexander M'Leod, or the road trustees, being the parties requiring to fence the quarry, there is no blame or liability attachable to the present defenders. (4) In any event, the sum claimed by the pursuer in name of damages is excessive.”

The Sheriff-Substitute ( Balfour ) found for the pursuer, giving £80 of damages, and added the following note—

“ Note .—The principal grounds of contention on behalf of the defenders were—( First ), That the road trustees had made the quarry, that they were now using it, and that they were bound to fence it; ( second ), that Dunnachie the pursuer's master, was bound to fence it, and the pursuer had no better right than Dunnachie; and ( third ), the pursuer was guilty of contributory negligence by being drunk.

With reference to the liability of Dunnachie, there was no obligation upon him to fence the quarry. The obligation in his lease may be construed (notwithstanding of my finding) as an obligation to fence the houses. But he might fence the houses without fencing the quarry, and although the quarry and houses are close to one another, he might enclose the houses so as to exclude sheep and cattle in terms of his lease, and yet a dweller in the houses might pass the enclosure and fall into the quarry on a dark morning.