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West Burn Culvert [Branchelton St Inlet]

Branchelston St, Greenock, Renfrewshire.

Culverted section of the West Burn Greenock from Branchelston St to Inverkip Rd (west of the South Street Railway Tunnel), constructed 1908. From the sluice gate at the paddling pool at Lady Alice Park at the west end of Branchelton St, the Culvert passes under Branchelton St and then along the south side of Inverkip Rd (under the grounds north of the Bowling Club) emerging southeast of the former site of the Hector McNeil Swimming Pool (now to be a community centre, under construction 2025).

This section of culvert was the supposed cause of flooding of railway properties in 1909 and 1912 and as a result two railway companies sued the Greenock Corporation.

Corporation of Greenock v Caledonian Railway Company: HL 1917

The West Burn flowed in a channel considerably below the surrounding ground which drained into it and in particular was below the level of Inverkip Road. In 1908, in order to form a playground for children, the natural channel of the West Burn was altered. A culvert was constructed and the burn buried. The surface of the park thereafter sloped down to Inverkip Road, which had become the lowest level and the channel for surface water which formerly drained into the burn. In addition, the defendants constructed a paddling pool at the mouth of the culvert which obstructed the flow of water and it was admitted that those works obstructed about 'half the flow of water which would otherwise go down the culvert'. Flooding occurred in 1909 and then on the occasion with which the action was concerned in August 1912. The question asked was whether the defendants could establish 'damnum fatale' in the law of Scotland, hich, would approximate to act of God in English law. Lord Shaw assumed that there was no difference on the topic between the law of England and that of Scotland.

Held: The appellants had failed to establish any defence: 'It is true that the flood was of extraordinary violence, but floods of extraordinary violence must be anticipated as likely to take place from time to time. It is the duty of any one who interferes with the course of a stream to see that the works which he substitutes for the channel provided by nature are adequate to carry off the water brought down even by extraordinary rainfall, and if damage results from the deficiency of the substitute which he has provided for the natural channel he will be liable. Such damage is not in the nature of damnum fatale, but is the direct result of the obstruction of a natural watercourse by the defenders' works followed by heavy rain'. Lord Finlay LC, Lord Shaw, 1917, AC 556. [swarb.co.uk]

Assumed the Corporation are the defendants and the Railway Company are the pursuers.

A more detailed account of the legal deliberations of the Caledonian Railways claim against the Greenock Corporation and a similar claim made by the Glasgow and South Western Railway is found in the case of Glasgow & South-Western Railway v. Greenock Corporation [1917] UKHL 600 (23 July 1917). [lawcarenigeria] This includes a definition of an Act of God as opposed to normal or even extreme weather which allows for timing of various flooding events, pre-existing wet conditions, precedent regarding the building of culverts and paved roads in an urban environment and contributary negligence. The case law set several precedents for the judgement of liability in the case of flooding and corporate responsibility.

Alternative Names: None recorded.

Hydrographic Feeds: West Burn, Cowdenknowes Reservoirs

Hydrographic Resurgences: West Burn