Case Report: 1985 SLT (ShCt) 2
The facts: A couple walking on a towpath which was a right of way came to a watercourse running across the path. This had broken up the path and a metal girder had been placed across the eroded section of the path. The couple were both injured when the metal girder gave way as they were crossing it. It was not alleged that the defenders had placed the girder there (or when), nor that they should have known either of its existence or of its rotten state.
Decision: This is an interesting case in relation to occupiers liability and rights of way. The Sheriff dismissed the claim, holding that
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