HL A mining company leased the coal and ironstone on an estate, subject to the condition that they should not conduct any operations within a certain area (which extended about two miles from the mansion-house). They thereafter commenced calcining ironstone in bings at places beyond this area, near their march. The proprietor of the adjoining estate raised an action concluding for interdict against the company calcining within two miles of his lands, on the ground that the smoke from their bings was destroying the trees in his plantations. Held, after a proof, (1) that the pursuer had proved that his plantations had been injured by the defenders’ operations ; and (2) that he was entitled to interdict to prevent the defenders calcining within one mile of his march.
Citations:
[1881] UKHL 2, (1881) 8 R 1006, (1881-82) LR 7 App Cas 518
Links:
Jurisdiction:
Scotland
Nuisance
Updated: 05 May 2022; Ref: scu.279655