Joseph M’Auley, miner, 32 Viewfield Avenue, Blantyre, sued Lanark County Council for £20 on 4th July 1935 .The damages were in respect for his injuries sustained when he fell over a copper piping on the pavement at Springwells, Blantyre.
At Hamilton Small Debts Court, he averred that the roadway at this point had recently been repaired by the defenders, who had failed to properly restore the road to its former condition, and had left it so that the copper piping protruded above the surface of the pavement. As a result, he fell over the piping and received injuries to his ankle and knee. Defenders replied that they took necessary precautions to ensure that the road was safe, and that, further, their workmen were periodically examining the road with a view to discovering defects and so avoid accidents. His Lordship found favour of pursuer, and awarded him damages of £15. (about £1,000 in today’s money)
Not particularly large news in itself, but interesting nonetheless, as the county council had been fairly protective and successful in previous years defending such actions. Joseph’s victory was a reminder to them, that Councils DO have an obligation to protect the public from injury.
Are you a relative of the McAuleys? Does this family still live in and around Viewfield Avenue?