By section 20 of its private Act of 1871 the Corporation of Bradford, who are the gas-supply authority and under obligation to supply gas in the town, ‘may sell, manufacture, store, and dispose of coke . . in such manner as the Corporation may think fit.’ On 10th October 1912, in pursuance of an order from the respondent, the appellants, the Corporation, delivered coke to him. Through the negligence of the appellants’ servant the coke was put through the respondent’s shop window in place of down the shoot in the pavement. The respondent sued for damages. The appellants pleaded in defence the Public Authorities Protection Act, sec. 1.
Held (affirming the judgment of the Court of Appeal – 1915, 1 K.B. 417) that the coke was delivered in pursuance of a voluntary contract, and not in execution ‘of any Act of Parliament or of any public duty or authority,’ and consequently the Public Authorities Protection Act did not apply.
Judges:
The Lord Chancellor (Buckmaster), Viscount Haldane, Lords Dunedin, Atkinson, and Shaw
Citations:
[1915] UKHL 776, 53 SLR 776
Links:
Jurisdiction:
England and Wales
Local Government
Updated: 26 April 2022; Ref: scu.620701
