Scottish Court of Session Decisions

Subject_1 PERICULUM.
Subject_2 SECT. IV.

Betwixt Proprietor and Custodier.

John Campbell, Taylor in Edinburgh
v.
Charles M'Clarin

Date: 21 December 1734
Case No. No 41.

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A burgess of Edinburgh, who had a country-house some miles from the town, was in use, when his family was not there, to trust the key of his outer door with his gardener. Some goods in a chest of drawers, to the value of L. 5, being stolen while the master was in town, the servant was found liable for the same, though it was not pretended, that he, or any of his family, had committed the theft; and though it was pleaded for him, That he was liable in no sort of diligence further than to keep the outer door locked: But the Lords went upon this circumstance, that he had been versans in illicito, in so far as one might he had lodged a travelling packman in the house, which they thought sufficient to throw the burden upon him, though he made out clearly, that the packman could not be the person who stole the goods. See Appendix.

Fol. Dic. v. 2. p. 59.