Scottish Court of Session Decisions

Subject_1 PUBLIC POLICE.

Palmer and Others
v.
Macmillan

1794. May.
Case No. No 30.

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Macmillan a butcher, having a house in Chapel Street in the south suburbs of Edinburgh, which had an area about nine feet wide in front, divided from the street by a parapet wall, and likewise a small area behind, was in use to slaughter cattle in the back area, and expose the butcher-meat for sale in the front area; both which practices were complained of as nuisances by the neighbourhood. In an advocation from the Sheriff, who decerned in both articles against the defender, the Lords found, that the slaughtering cattle in the back area was a public nuisance, and that the defender had no right to practise it; but that he was entitled to expose his meat for sale in the front area, provided he erected a shed over the place on which it was hung, and paved the area with stones. See Appendix.

Fol. Dic. v. 4. p. 199.