Scottish Court of Session Decisions

In this case—in which William Jenkins, junior, salesman, residing in the town of Stirling; and Edward Banks, smith, also residing in the said town of Stirling; John Stewart, tailor, residing in the village of Torbrex, near Stirling; George Finlayson, weaver, also residing in the said village; and William Gillies, pattern-maker, also residing in the said village; Robert Marshall, nailer, residing in the village of St Ninians, near Stirling; George Paterson, nailer, also residing in the said village; Robert Corsair, nailer, also residing in the said village; Robert Andrew, nailer, also residing in the said village; John Dick, nailer, also residing in the said village; and William Wright, nailer, also residing in the said village; Alexander Gordon, gardener, residing in the village of Cambusbarron, near Stirling; John Ure, weaver, also residing in the said village; and John Lamond, flesher, also residing in the said village, are pursuers; and Lieutenant-Colonel John Murray of Touchadam and Polmaise, in the county of Stirling, is defender—the issue was as follows:—

“Whether for forty years and upwards, or for time immemorial prior to 1864, there existed a public right of way for foot passengers from a point on the public turnpike or statute-labour road leading from Stirling to Glasgow, marked C on the copy Ordnance Survey map, No, 4 of process, through the defender's lands, as delineated by a line coloured green on the said map, to another point marked D on the said map, also situated on the said public turnpike or statute-labour road, and near to the Murrayshall Lirrieworks?”

The trial commenced on Wednesday morning and lasted till Saturday, when the jury, after an absence of about half an hour, returned a verdict for the pursuers.