Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Alexander Brand
v.
George Grahame

Date: 21 February 1671

Click here to view a pdf copy of this documet : PDF Copy

The said George having the superior tenement to Alexander Brand's booth, he kept in the room just above his booth, his coals, his drink, his water, and all his other trash, by which coming through to his ware, it not only was considerably damnified thereby already, but might, in time coming, be much more if not prevented: whereon Alexander made his application to the Dean of Guild, who, after inspection and consideration taken of the prejudice done already, discharged the said George from using his said room to his neighbour's prejudice. This decreet was suspended, and reduction raised of it upon this reason, that the Dean of Guild had committed manifest iniquity in restraining George Grahame in his own property, and hindering him from using his rooms at his pleasure; especially considering that he and his predecessors have been in possession of using that room in the same manner these forty years. My Lord Advocate repelled the reason; found the letters orderly proceeded; and sustained the Dean of Guild's decreet, as most just and rational to the rules of good neighbourhood. This action came near to that in the civil law de damno infecto.

Advocates' MS. No. 138, folio 91.