The proprietor of certain lands on which there existed a well used by the inhabitants of an adjoining village for the prescriptive period, applied for interdict against the local authority constituted under the Public Health (Scotland) Act 1867, sec. 89, who had cleaned and enclosed the well, so as to protect it against alleged pollution by drainage. Held (1) that the facts proved had established prima facie a possessory right on the part of the public; (2) that the local authority as such had a locus standi to vindicate the rights of the community, represented by them, to the effect in question.
Judges:
Lord Hatherley, Lord O’Hagan, and Lord Blackburn
Citations:
[1880] UKHL 517, 17 SLR 517
Links:
Jurisdiction:
Scotland
Land
Updated: 14 June 2022; Ref: scu.635632