Scottish Court of Session Decisions

Subject_1 REPARATION.
Subject_2 SECT. VIII.

Negligence in Office.

M'Harg
v.
M'Lamerick

1770.
Case No. No 53.

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Where the damage arises solely from error in judgment in nice or difficult cases, the claim of reparation is not easily admitted. M'Harg, a writer, brought action for payment of expenses laid out by him in making up titles for his client M'Lamerick to a land estate. The defence was, That the titles were erroneously made up, as the defender had been served heir in general to his grandfather, in place of heir of provision under a contract of marriage. The Court repelled the defence. See Appendix.

Fol. Dic. v. 4. p. 233.