Scottish Court of Session Decisions

In this case Allan Cunningham Pagan, farmer, Innergeldie, in the parish of Comrie, Perthshire, was pursuer; and David Robertson Williamson of Lawers, presently residing at St Fillan's, in the county of Perth, was defender. The following was the issue:—

“Whether, on or about the 24th day of July 1866, in or near a field on the farm of Innergeldie, on the estate of Lawers, in the county of Perth, the defender did assault the pursuer—to the loss, injury, and damage of the pursuer?”

Damages were laid at £2000 sterling.

Before the case was opened, parties withdrew

Page: 296↓

for conference, and the following minute was adjusted and signed:—

“The parties agree to settle the case in the following terms:—

“1. The defender to pay the pursuer 100 guineas of damages, with expenses to and inclusive of this date, as the same shall be taxed.

“2. Any claim which may now be competent to either party against the other for any assault or defamatory words is discharged.

“3. The pursuer's lease of the farm of Innergeldie to be adjusted at the sight of Donald Mackenzie, Esq., advocate, and all questions now existing between the pursuer and defender, as tenant and landlord respectively of said farm, to be referred to the said Donald Mackenzie.

“4. The interdict case now depending in the Sheriff Court of Perthshire to be referred to the said Donald Mackenzie.”

In consequence of the above agreement the jury were discharged.