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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fairlie v Earl of Eglinton. [1743] 1 Elchies 368 (24 November 1743)
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Cite as: [1743] 1 Elchies 368
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[1743] 1 Elchies 368
Subject_1 PROPERTY.
Fairlie
v.
Earl of Eglinton
1743 ,Nov. 24 .
Case No.No. 7.
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Earl of Eglinton built a mill on the water of Irvine that made the water regorge somewhat on a superior mill belonging to Fairlie, and made it go the worse, which occasioned a process; and Earl of Eglinton brought a proof by artists that the heightening Farlie's mill-wheel ten inches and widening the trough and fall six inches would remedy the inconveniency, and offered himself to be at the charge of the alteration of Fairlie's mill; and the question was, Whether Fairlie would be obliged in law to accept of that offer? and it was found by a majority that he might be obliged supposing it might be done with effect, and agreed to make an interim order to try whether the remedy proposed can be effectual. 25th January, Altered by President's casting vote, and 5th June adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting