Campbell v Muir [1908] ScotCS CSIH_2 (10 January 1908)

Campbell v Muir [1908] ScotCS CSIH_2 (10 January 1908)

The defender's actions were not justified by immemorial practice or local definition, and constituted an actionable wrong against the pursuer. The interdict could not stand as granted, but the findings of the Sheriff were affirmed and the pursuer was entitled to expenses.

Citation
[1908] ScotCS CSIH_2
Parties
Pursuer: Campbell; Defender: Muir
Jurisdiction
Scotland
Judgment Date
10 January 1908
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute to Inner House
Outcome
Interdict recalled; findings of Sheriff affirmed; pursuer entitled to expenses.
Legal Topics
Riparian Rights, Salmon Fishing, Interdict, Immemorial Possession
Property Law Delict Riparian Rights Salmon Fishing Interdict Immemorial Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Campbell

Pursuer

Muir

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute to Inner House

Legal Issues

  1. 1 Whether the defender had the right to fish by anchoring a boat in the river and fishing from it beyond the medium filum
  2. 2 Whether immemorial practice or local definition of fishing rights existed
  3. 3 Whether the defender's actions constituted an actionable wrong against the pursuer

Ratio Decidendi

The defender's actions were not justified by immemorial practice or local definition, and constituted an actionable wrong against the pursuer. The interdict could not stand as granted, but the findings of the Sheriff were affirmed and the pursuer was entitled to expenses.

Court Disposition

Interdict recalled; findings of Sheriff affirmed; pursuer entitled to expenses.

Orders

  • Recall of interdict
  • Affirmation of Sheriff's findings