Earl of Kintore and Others v. Alexander Pirie & Sons, Ltd [1902] ScotLR 40_210 (18 December 1902)

Earl of Kintore and Others v. Alexander Pirie & Sons, Ltd [1902] ScotLR 40_210 (18 December 1902)

Millowner not entitled, apart from prescription, to abstract water in such quantities as to injure pursuers' salmon-fishings; pursuers as proprietors of salmon-fishings are entitled to object; prescriptive right not established for abstraction at current levels; acquiescence does not bar pursuers' claim.

Citation
[1902] ScotLR 40_210
Parties
Pursuers: Earl of Kintore and Others; Defenders: Alexander Pirie & Sons, Limited
Jurisdiction
Scotland
Judgment Date
18 December 1902
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for pursuers
Legal Topics
Salmon Fishing, Riparian Rights, Prescription, Obstruction, Acquiescence
Property Law Environmental Law Water Rights Salmon Fishing Riparian Rights Prescription Obstruction Acquiescence

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Parties

Earl of Kintore and Others

Pursuers

Alexander Pirie & Sons, Limited

Defenders

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether millowner may abstract water in quantities injurious to salmon-fishing proprietors
  2. 2 Whether prescriptive right exists to abstract water at levels causing obstruction
  3. 3 Whether acquiescence bars salmon-fishing proprietors from objecting

Ratio Decidendi

Millowner not entitled, apart from prescription, to abstract water in such quantities as to injure pursuers' salmon-fishings; pursuers as proprietors of salmon-fishings are entitled to object; prescriptive right not established for abstraction at current levels; acquiescence does not bar pursuers' claim.

Court Disposition

Judgment for pursuers

Orders

  • Defenders' abstraction of water to be restored to position existing prior to 1882 as regards both point of abstraction and quantity abstracted.
  • Pursuers entitled to expenses since closing of record; remitted to Auditor to tax and report.