The calcining operations of a mining company were found to have damaged the plantations belonging to a proprietor whose estate adjoined their works. It was held (aff. the judgment of the Court of Session) that the proprietor was entitled to protect himself by interdict, and that, in the whole circumstances of the case, the operations complained of should not be allowed to take place within one mile of the complainer’s lands; but ( varying the judgment of the Court of Session) that the interdict should not absolutely prohibit calcining, but should prohibit the company from calcining in the manner hitherto practised by them, or in any other way that might damage the plantations or estate of the complainer by noxious vapour.
Judges:
Lord Chancellor Selborne, Lords O’Hagan, Blackburn, and Watson
Citations:
[1882] UKHL 902, 19 SLR 902
Links:
Jurisdiction:
Scotland
Nuisance
Updated: 04 July 2022; Ref: scu.637745
