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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor2410128-063.html
Cite as: [1741] Mor 10128

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[1741] Mor 10128      
Subject_1 PERICULUM.
Subject_2 SECT. VII.

Between Landlord and Tenant.

Clerk
 v.
Sir John Baird

Date: 10 July 1741
Case No. No 63.

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A tacksman of lands, whereon there was a little collection of houses, notwithstanding a clause in his tack obliging him to keep the houses in repair, was found not liable to repair the damage done by the hurricane, which happened on the 13th January 1739, as to such of the houses as were damaged to an extent exceeding the effect of storms in use to happen in this country; but as to such of the houses as were not damaged beyond what might be supposed to happen in an ordinary storm, he was found liable to repair.

 Kilkerran, (Periculum.) No 1. p. 376.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor2410128-063.html