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.


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


[1886] UKHL 491, 23 SLR 491






Updated: 04 July 2022; Ref: scu.637729