Kincaid Smith v. Cameron [1900] ScotLR 37_900 (12 July 1900)

Kincaid Smith v. Cameron [1900] ScotLR 37_900 (12 July 1900)

Both School Board and Cameron are responsible for the nuisance caused by sewage discharge onto complainer's land; both permitted or facilitated the pollution and are liable to interdict.

Citation
[1900] ScotLR 37_900
Parties
Complainer: Major Ronald Kincaid Smith; Respondent: William Cameron; Respondent: School Board of Polmont Parish; Respondent: Mrs Jane Baxter or Grant; Respondent: Alexander Hunter; Respondent: James Baxter
Jurisdiction
Scotland
Judgment Date
12 July 1900
Procedural Posture
Civil Interdict and Suspension / Appeal, Inner House Second Division
Outcome
judgment affirmed; interdict granted
Legal Topics
Water Pollution, Joint Liability, Interdict, Superior and Vassal Liability
Property Law Nuisance Environmental Law Water Pollution Joint Liability Interdict Superior and Vassal Liability

Case Brief

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Parties

Major Ronald Kincaid Smith

Complainer

William Cameron

Respondent

School Board of Polmont Parish

Respondent

Mrs Jane Baxter or Grant

Respondent

Alexander Hunter

Respondent

James Baxter

Respondent

Procedural Posture

Civil Interdict and Suspension / Appeal, Inner House Second Division

Legal Issues

  1. 1 Whether discharge of sewage from feus and school onto complainer's land constitutes actionable nuisance
  2. 2 Whether superior and feuar are jointly liable for pollution and nuisance
  3. 3 Whether respondents are liable to interdict

Ratio Decidendi

Both School Board and Cameron are responsible for the nuisance caused by sewage discharge onto complainer's land; both permitted or facilitated the pollution and are liable to interdict.

Court Disposition

judgment affirmed; interdict granted

Orders

  • Respondents interdicted from discharging sewage or impure matter onto complainer's land or into drains, ditches, or streams therein.
  • Respondents found jointly and severally liable in expenses.