Davidson's Trustees v. Caledonian Railway Co. [1900] ScotLR 37_406 (13 January 1900)

Davidson's Trustees v. Caledonian Railway Co. [1900] ScotLR 37_406 (13 January 1900)

Damages for wrongful removal of reserved minerals by a surface owner are to be assessed at the market value of the minerals less only the cost of working and winning them, without deduction for the pursuer's inability to profitably work the minerals or the need to negotiate with the surface owner, and without allowance for the defender's alleged good faith.

Citation
[1900] ScotLR 37_406
Parties
Pursuers: Davidson's Trustees; Defenders: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
13 January 1900
Procedural Posture
Civil / Assessment of Damages Following Liability Determination
Outcome
Judgment for the pursuers
Legal Topics
Railway Company Liability, Mineral Rights, Damages Assessment, Trespass, Compensation for Minerals
Property Law Tort Law Railway Company Liability Mineral Rights Damages Assessment Trespass Compensation for Minerals

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Parties

Davidson's Trustees

Pursuers

Caledonian Railway Company

Defenders

Procedural Posture

Civil / Assessment of Damages Following Liability Determination

Legal Issues

  1. 1 Whether the defenders are liable for damages for removal of minerals reserved to the pursuers
  2. 2 How damages should be assessed for minerals wrongfully removed
  3. 3 Whether the pursuers' inability to profitably work the minerals or need to negotiate with surface owners affects damages

Ratio Decidendi

Damages for wrongful removal of reserved minerals by a surface owner are to be assessed at the market value of the minerals less only the cost of working and winning them, without deduction for the pursuer's inability to profitably work the minerals or the need to negotiate with the surface owner, and without allowance for the defender's alleged good faith.

Court Disposition

Judgment for the pursuers

Orders

  • Defenders to pay pursuers £4148, 13s. 6d. with interest at 5% from the date of citation