The damage sustained by the tenant of a house, in consequence of the fall of a neighbouring house allowed out of his rent.
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Francis Hamilton having suspended a decreet, obtained against him for house-mails, on this reason, that his wife only took the tack, which could not oblige him; it was answered, that his wife keeping a public tavern, was evidently præpositu huic negotio;
Which the Lords sustained.
Another reason was, that the house became insufficient in the roof, and the defender, before the term, required the pursuer to repair the same, which he did not; and the neighbouring house, called, The Tower of Babel, falling upon the roof, made it ruinous. It was answered, That was an accident without the pursuer's fault, and the tenant ought to pursue those whose tenement it was that fell.
The Lords found the reason was not relevant to liberate from the mail, unless the suspender had abstained to possess; but found it relevant to abate the duties in so far as he was damnified.
