Scottish Court of Session Decisions

Subject_1Nuisance
Subject_2Property
Subject_3Mutual Gable.
Facts:

The proprietor of a tenement built as a dwelling-house in a street in Edinburgh put up a steam-boiler and engine in his premises for the purposes of a printing business, and introduced the flue of the furnace of the boiler into one of the ordinary chimneys of a mutual gable wall. The owners of the adjoining tenement raised an action to have the flue removed and the defender interdicted from again inserting it. Evidence was led that the heat was excessive, and rendered the pursuers' house almost uninhabitable.— Held that the gable was used in a way inconsistent with the ordinary use of a mutual wall, and that a nuisance existed which must be removed, but defender allowed to put in a minute stating how he proposed to obviate it.