Pringle v. Carron Co. [1905] ScotLR 42_643 (23 June 1905)

Pringle v. Carron Co. [1905] ScotLR 42_643 (23 June 1905)

The pursuer's feu-disposition contained a clause excluding claims for damage caused by mineral workings against the trustees or 'other persons deriving right from them.' The Carron Company, having obtained rights to work the minerals under agreements with the Duke of Hamilton and his trustees, are within the scope of 'persons deriving right' from the trustees. Therefore, the pursuer is barred from claiming damages for subsidence caused by the company's mineral workings.

Citation
[1905] ScotLR 42_643
Parties
Pursuer: William Pringle; Defender: Carron Company; Defender: Trustees of the Twelfth Duke of Hamilton
Jurisdiction
Scotland
Judgment Date
23 June 1905
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal sustained; defenders assoilzied (absolved)
Legal Topics
Right to Support, Mineral Rights, Feu Disposition, Exemption From Mineral Damage Claims, Construction of Deeds
Property Law Mining Law Right to Support Mineral Rights Feu Disposition Exemption From Mineral Damage Claims Construction of Deeds

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Parties

William Pringle

Pursuer

Carron Company

Defender

Trustees of the Twelfth Duke of Hamilton

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the pursuer is entitled to damages for subsidence caused by mineral workings under his property.
  2. 2 Whether the Carron Company are 'persons deriving right' from the trustees of the Duke of Hamilton within the meaning of the feu-disposition clause.

Ratio Decidendi

The pursuer's feu-disposition contained a clause excluding claims for damage caused by mineral workings against the trustees or 'other persons deriving right from them.' The Carron Company, having obtained rights to work the minerals under agreements with the Duke of Hamilton and his trustees, are within the scope of 'persons deriving right' from the trustees. Therefore, the pursuer is barred from claiming damages for subsidence caused by the company's mineral workings.

Court Disposition

appeal sustained; defenders assoilzied (absolved)

Orders

  • Interlocutors appealed against recalled.
  • Third plea-in-law for defenders sustained.