London, Midland, and Scottish Railway Co. v. Macdonald [1924] ScotLR 574 (27 June 1924)

London, Midland, and Scottish Railway Co. v. Macdonald [1924] ScotLR 574 (27 June 1924)

The pursuers' titles are prima facie valid and unchallenged; the right of ferry is proprietary and exclusive. The defender has no competing title or relevant defence. Interdict is granted to protect the pursuers' right of ferry.

Citation
[1924] ScotLR 574
Parties
Pursuer: London, Midland, and Scottish Railway Company; Defender: Lachlan Macdonald
Jurisdiction
Scotland
Judgment Date
27 June 1924
Procedural Posture
Interdict (injunction) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Interdict granted in favour of the pursuers; interlocutors of the Sheriff-Substitute and Sheriff recalled.
Legal Topics
Interdict, Trespass, Title to Sue, Regalia Minora, Ferry Rights, Exclusive Rights, Public Rights
Property Law Public Law Interdict Trespass Title to Sue Regalia Minora Ferry Rights Exclusive Rights +1 more

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Parties

London, Midland, and Scottish Railway Company

Pursuer

Lachlan Macdonald

Defender

Procedural Posture

Interdict (injunction) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the pursuers' titles are sufficient to entitle them to interdict without proof of possession
  2. 2 Whether the right of ferry is exclusive as against the public generally
  3. 3 Whether the defender's use constituted unlawful interference with the pursuers' right of ferry

Ratio Decidendi

The pursuers' titles are prima facie valid and unchallenged; the right of ferry is proprietary and exclusive. The defender has no competing title or relevant defence. Interdict is granted to protect the pursuers' right of ferry.

Court Disposition

Interdict granted in favour of the pursuers; interlocutors of the Sheriff-Substitute and Sheriff recalled.

Orders

  • Interdict against the defender from conveying passengers for hire by boat between Kyleakin and Kyle of Lochalsh or interfering with the pursuers' possession of their right of ferry.