Flemings v. Gemmill and Others [1907] ScotLR 281 (20 December 1907)

Flemings v. Gemmill and Others [1907] ScotLR 281 (20 December 1907)

It is competent to grant decree against some defenders sued jointly and severally, even if others are assoilzied. Tenants have title to sue for pollution as assignees of the proprietor's rights. Landlords are liable for pollution where the construction and drainage of their properties foreseeably result in pollution, even if not the immediate authors. Material contributors to pollution are jointly and severally liable for damage caused. Damages for diminished milk supply and deterioration in cattle condition are recoverable; deaths not proven to be caused by pollution are excluded.

Citation
[1907] ScotLR 281
Parties
Pursuers: Alexander Fleming, James Fleming, and John Fleming; Defender: James Gemmill; Defender: William Barr & Sons; Defender: Charles Surgeoner; Defender: James Nimmo & Company, Limited; Defender: United Collieries, Limited; Defender: William Cooper
Jurisdiction
Scotland
Judgment Date
20 December 1907
Procedural Posture
Civil / Appeal From Sheriff Court Decision
Outcome
Appeal partially allowed; decree for damages reduced; interdict continued for remedial scheme submission.
Legal Topics
Joint and Several Liability, Pollution, Landlord Liability, Tenant Rights, Interdict, Damages
Property Law Environmental Law Tort Law Joint and Several Liability Pollution Landlord Liability Tenant Rights Interdict +1 more

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Parties

Alexander Fleming, James Fleming, and John Fleming

Pursuers

James Gemmill

Defender

William Barr & Sons

Defender

Charles Surgeoner

Defender

James Nimmo & Company, Limited

Defender

United Collieries, Limited

Defender

William Cooper

Defender

Procedural Posture

Civil / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Competency of decree against some of several defenders sued jointly and severally
  2. 2 Tenant's title to sue for pollution
  3. 3 Landlord liability for pollution caused by tenants

Ratio Decidendi

It is competent to grant decree against some defenders sued jointly and severally, even if others are assoilzied. Tenants have title to sue for pollution as assignees of the proprietor's rights. Landlords are liable for pollution where the construction and drainage of their properties foreseeably result in pollution, even if not the immediate authors. Material contributors to pollution are jointly and severally liable for damage caused. Damages for diminished milk supply and deterioration in cattle condition are recoverable; deaths not proven to be caused by pollution are excluded.

Court Disposition

Appeal partially allowed; decree for damages reduced; interdict continued for remedial scheme submission.

Orders

  • Defenders James Gemmill, William Barr & Sons, and Charles Surgeoner to pay £80 sterling jointly and severally to pursuers.
  • Defenders to submit scheme for avoidance of pollution before interdict pronounced.