Hislop v Fleming: HL 1 Mar 1886

The proprietor of an estate situated on the outskirts of a large city worked out the minerals and then proceeded to feu out the land for dwelling-houses of a superior class, there being left upon his land adjoining the feus large bings or heaps of mineral refuse or ‘blaes.’ After feuing had gone on to a considerable extent he proceeded to set fire to these bings, with the result of causing material discomfort to the feuars by the smoke thence arising. Held ( aff. judgment of Second Division) that the feuars were entitled to interdict against the burning of the bings in such a manner as to cause material discomfort and annoyance to them.
Held that a finding ‘that the ignition of any heap or bing of ‘blaes” on certain lands ‘would cause material discomfort and annoyance to the pursuers’ of a process of interdict, was a finding of fact within the meaning of the Judicature Act 1825, and not capable of being reviewed by the House of Lords on appeal.

Judges:

Earl of Selborne, Lord Watson, Lord Bramwell, Lord Fitzgerald, Lord Halsbury, and Lord Ashbourne

Citations:

[1886] UKHL 491, 23 SLR 491

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 04 July 2022; Ref: scu.637729