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Andrew Cassie, Slater, v John Wilkie and James Broadfoot. [1683] 3 Brn 450 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030450-0670.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1682 and 1683.
Andrew Cassie, Slater, v. John Wilkie and James Broadfoot
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1682. February 11. —The Lords assoilyied Wilkie from Cassie's action of damage, (qualified thus, that, by Wilkie's building up his new land in the fore street of Edinburgh, his shops near adjacent were incommoded;) seeing he behoved to lay his rubbish and materials on the street, when he was rebuilding; and the neighbours' prejudice thereby was both casual and necessary, and no ways in amulationem vicini; et qui jure suo utitur alteri injuriam facere non videtur.
Vol. I. Page 173.
1683. January 20.—The Lords,—having considered the report of the masons upon oath, to whom the consideration and visitation of the chimney was referred,—found the damage and prejudice libelled to have been done by narrowing his chimney in rebuilding John Wilkie's land, not to be proven; and therefore assoilyied.
