Description
Action involving fracture of pipe under ground in an area which was being cleared for a carpark. Damages agreed in a joint minute. The pursuers' second plea in law stated that there had been a failure to take reasonable care on the part of the defenders. The defenders had little experience of property development and had subcontracted much of the construction work out. they were ignorant of much of the work being carried out on the site. The case centered on the pleadings and whether the defenders had answered the case made against them. Onus of proof disputed. Disputed that the defenders could have foreseen that any gas pipe would be in the relevant area or likely to be damaged by work of scraping. Defenders held liable to reparation.
