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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Turnbull v Brownfield. [1735] 1 Elchies 406 (6 December 1735)
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Cite as: [1735] 1 Elchies 406
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[1735] 1 Elchies 406
Subject_1 REPARATION.
Turnbull
v.
Brownfield
1735 ,Dec. 6 .
Case No.No. 1.
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The Lords remitted to the Ordinary to take a further proof of the master's knowledge. They were much divided. Newhall thought where animals were kept for pleasure the master was liable for all damages whether secundum naturam vel contra. The President thought, first, that spaniels naturally are disposed to worry sheep; 2dly, he thought that where the use of often doing damage must be proven that the master's knowledge need not be proven, and Dun was of that opinion. But the above interlocutor carried six to five. For it were Royston, Drummore, Haining, Kilkerran, Murkle, et ego, who thought the master's knowledge necessary. Against it were Newhall Tweddale, Dun, Couper, Monzie.
The electronic version of the text was provided by the Scottish Council of Law Reporting