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You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Eddington v. Morison's Trustees. [1826] ScotJCR 4_Murray_108 (19 July 1826) URL: http://www.bailii.org/scot/cases/ScotJCR/1826/4_Murray_108.html Cite as: [1826] ScotJCR 4_Murray_108 |
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Page: 108↓
(1826) 4 Murray 108
CASES TRIED IN THE JURY COURT, AT EDINBURGH, AND ON THE CIRCUIT, FROM DECEMBER 1825 TO JULY 1828.
No. 16
PRESENT,
Damages for injury done to a house by improperly excavating the foundation of an adjoining house; and a consent that an action of relief should be disposed of, as if a verdict had been returned for the defenders in it.
An action of damages for injury done to a house in Edinburgh, by making a sunk story to the immediate adjoining house; and an action of relief against the persons who feued the ground, as by the plan the defender, Eddington, was bound to make a sunk story.
Defence for Eddington.—That he carried on the operations within his own premises in a proper manner, and any injury following must have arisen from the insufficiency of the pursuer's gable.
For Morison's Trustees.—If any injury was done to the house it was not by operations sanctioned by them.
“Whether (in summer, or the beginning of autumn 1825,) certain operations were improperly carried on by the defender, or those
Page: 109↓
In the action of relief.
“It being admitted that the pursuer feued from the defenders a piece of ground in West Maitland Street, Edinburgh, immediately to the west of a house, the property of Sharp Callender, pursuer in a summons of damages, in relief of which this action has been raised; and that, by the minutes of contract, the pursuer became bound to erect a dwelling-house, according to a plan therein referred to; and that the said tenement should consist of a sunk storey and three stories above the same; and that the pursuer did on or about
proceed to excavate the said ground, for the purpose of executing the sunk storey aforesaid:—
Whether the said operations were carried on in a proper and workmanlike manner, and
Page: 110↓
Robertson opened the case, and stated the facts, and that the defender must not only repair the house, but pay damages for the permanent injury done to it.
A report by tradesmen admitted in evidence and read to the Jury, the witnesses swearing that the contents were true.
Certain persons who had been called to inspect the house made a report of their opinion, which was read without opposition, the witnesses swearing that it was a true report.
Robertson v. Strang, 12th May 1825. 4 Sh. and Dun. 6.
Jeffrey for the defender, said, That the jury would have to decide on contradictory evidence of opinion. The operations were sanctioned by the individual who now holds the situation of Dean of Guild, and the defenders were bound by their feu-contract to make them. The injury may have been occasioned by other causes; and as the operations were cautiously carried on, the defender is not liable; and this being damnum fatale, the injury must lie where it falls.
Cockburn.—I willingly free the defender from
Page: 111↓
The difficulty of the case is the amount of damage. The pursuer was deprived of the use of his house, and it will require a considerable sum to repair the house, but I cannot think this is a case for solatium.
Verdict.—“For the pursuer, damages L.400.”
Page: 112↓
A consent was given, that the action of relief should be disposed of as if a verdict had been returned for the trustees.
Counsel:
Cockburn and Robertson for Callender.
Jeffrey and More, for Eddington.
Buchanan and Gibson-Craig, for Morison's Trustees.
Solicitors: (Agents, C. C. Stewart, w. s., H. Graham, w. s., and Gibson, Christie, & Wardlaw, w. s.)