Gorris v. Scott

Citation[1874] 9 L.R. (Exch.) 125

Brief Fact Summary.

Plaintiff sued Defendant to recover damages for the loss of his sheep and loss due to Defendant’s negligence.

Synopsis of Rule of Law.

The negligent acts complained of under a specific statute must be directly related to the purposes of the statute in order for the action to be successful.

Gorris (Plaintiff) hired Scott (Defendant) to transport a number of his sheep by boat. During a storm, the sheep were washed overboard. Gorris sued Scott to recover damages for the loss of the sheep and loss due to Scott’s alleged neglect with a certain order made by the Contagious Diseases (Animals) Act. The purpose of the Act was to prevent the spread of infectious disease from being communicated from animal to animal. The Act required any ship bringing sheep or cattle from any foreign port to have the animals confined and divided into holding pens of certain dimensions.

Issue.

Whether the negligent acts complained of under a specific statute must be directly related to the purposes of the statute in order for the action to be successful.

Held.

Yes. The complaint is dismissed. The negligent acts complained of under a specific statute must be directly related to the purposes of the statute in order for the action to be successful.

Discussion.

Gorris argues that the loss of his sheep would not have occurred if Scott had confined the sheep in pens as required by the Act. However, the Act’s provisions were enacted solely for sanitation purposes, not to protect against damage or loss of goods. If the reason for the suit had been related to the spread of disease or had caused unnecessary suffering by the sheep, Gorris’ action may have been maintained, but the damage complained of is totally separate from the purpose of the Act.