Scottish Court of Session Decisions

These were conjoined actions of (1) suspension and interdict and (2) declarator and damages, at the instance of Susannah Rattray, proprietrix of certain subjects in Tayport, against The Tayport Patent Slip Company (Limited), and their contractor. After various procedure, the Court, on 26th June 1867 pronounced an interlocutor, finding and declaring, inter alia, in respect of minutes for the parties, and reports by Mr Wylie, C.E., that the footpath described in the said reports was a public way, and ordaining the defenders to lay it out at sight of Mr Wylie, and thereafter to maintain it; applying the verdict of the jury, and finding and declaring that the pursuer had a servitude of bleaching and drying clothes on so much of the ground marked K K K K K on the plan, No. 100 of process, as was not occupied by the Patent Slip and the Shipbuilding shed in connection therewith, erected and occupied by the defenders; decerning and ordaining the defenders to lay out the said ground in the manner suggested by Mr Wylie; and finding that the pursuer was barred by the terms of the compromise and arrangement entered into between the parties, respecting the road above mentioned, from insisting on the removal of the defenders' slip and shed, or for restoration of the ground of the said servitude beyond what was above found aud declared.

The pursuer now moved the Court, “in order to exhaust the conclusions of the actions, to decern and ordain the defenders to restore, as far as now practicable, to the state in which it was before the defenders' operations, the ground over which the pursuer's right of servitude has been found to extend, viz., so much of the ground marked K K K K K on the plan, No. 100 of process, as is not occupied by the patent slip and the shipbuilding shed, erected and occupied by the defenders, by removing—(1) The embankment made by them thereon; (2) A retaining wall on the west side, and making part of said embankment; and (3) A paling extending across the said ground, all erected by the defenders; and further, to interdict, prohibit, and discharge the said defenders from interfering with or making any erection on or otherwise occupying the said ground, over which the pursuer's right of servitude has been found to extend, in all time coming.”