The court lamented the amount of court time that had been taken by foolish and absurd litigation about a hedge and ditch which separated the parties’ properties. Nevertheless that it was the duty of the court to deal with the case: ‘We are not indeed bound to adjudicate de lana caprina; but if there be a pecuniary or patrimonial interest, however small, depending on the determination of the question, the parties have a right to invoke the aid of a court of law to decide their differences.’
Judges:
Lord Justice-Clerk Inglis
Citations:
(1864) 2 M 1015
Cited by:
Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.
Damages, Scotland
Updated: 01 May 2022; Ref: scu.260122