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Title
Dear Duty (the 'Snail in the Bottle' case)
Date
2018
Medium
bronze & oak
Accession number
PA1_GB_S028
Acquisition method
funded by Renfrewshire Council
Work type
Statue
Owner
Renfrewshire Council
Custodian
Renfrewshire Council
Work status
extant
Unveiling date
12th September 2018
Access
at all times
Inscription description
plaque: “Dear Duty” May Donoghue with her twin granddaughters by Mandy McIntosh 12th September 2018 / This sculpture depicts May Donoghue, the woman who visited a Paisley café / in 1928 when she was served a bottle of ginger beer contaminated by a / dead snail. The tainted drink caused her severe illness and discomfort. / Following her legal complaint, Stevenson, the local manufacturer of the / beverage was found not liable to compensate Donoghue. Her initial case / was dismissed from the Scottish Court of Session, but with the support of / lawyer Walter Leechman, Donoghue pursued it all the way to the House of / Lords. She changed legal history. / A working class single parent, Donoghue had to publicly declare her poverty to proceed with her complaint. Her lawyer worked for no fee. She was / laughed at and called a liar; many people didn’t believe that a snail had been / in the bottle but she persisted. / In 1932 the case was won. / This artwork commemorates that Donoghue stood her ground to achieve / justice. Her case went on to ensure the welfare of others through / establishing The Duty of Care as a principle in law. The Duty of Care underpins the ethos of the NHS and other social care provisions. / “Dear Duty” is dedicated to May Donoghue to those who need care and / those who provide it. / Renfrewshire / Council; plaque:THE “SNAIL IN THE BOTTLE” CASE / This site was improved by Renfrewshire Council in 2012 with the support of Celia Lawson, / Provost of Renfrewshire (2007 to 2012) and assistance from Reid Kerr College and the Co-operative funeralcare. / This is the site of the former Wellmeadow Cafe, the scene of an event that was the basis / of a landmark legal case. To this day it remains famous around the world. / On 26 August 1928, Mrs Donoghue met a friend at the Wellmeadow café. Her friend bought her a bottle of ginger beer. As she enjoyed her drink, part of a decomposing snail fell out / of the bottle. It is recorded that Mrs Donoghue suffered shock and severe stomach upset / as a result. As she had not bought the drink, Mrs Donoghue had no legal contract with the / café owner. The case made on Mrs Donoghue’s behalf therefore focused on whether the / manufacturer and bottler of the drink, David Stevenson should be held responsible. Previously / the law had declared there was no legal connection between consumer and manufacturer. / The case itself never came to trial and was finally settled out of court. Before that there was / much legal debate over whether there was a case to here. In May 1932 the House of Lords / ruled there was. Lord Atkin looked to the Bible story of the Good Samaritan and the / principle of loving your neighbour to help him decide. He found that just as neighbours should / care for each other so should manufacturers care about the consumers of their products. / The Donoghue v Stevenson case established the precedent of negligence based on the ‘neighbour principle’ and has been followed internationally by courts since. / Reid Kerr College / Renfrewshire Council / The co-operative funeralcare
