The Law Reports (Appeal Cases)
11 App Cas 686
[HOUSE OF LORDS.]
FLEMING AND OTHERS APPELLANTS; AND HISLOP AND OTHERS RESPONDENTS.
1886 March 1.
EARL OF SELBORNE, LORD WATSON, LORD BRAMWELL, LORD FITZGERALD, LORD HALSBURY and LORD ASHBOURNE.
Inferior Court
— Appeal
—
Scottish Judicature Act, 1825 (6 Geo. 4, c. 120), s. 40
— Question of Fact or Law.
Sect. 40 of the 6 Geo. 4, c. 120, provides that where a cause is commenced in the Sheriff Court or other Inferior Court, and a proof is allowed, the judgment shall be subject to appeal to the House of Lords in so far only as the same depends on or is affected by matter of law.
An action was raised in the Sheriff Court for declarator that the burning of certain heaps of mineral refuse would cause serious nuisance and annoyance to the proprietors of adjacent residential houses. On appeal to the Court of Session, that Court found that the ignition of the heaps “would cause material discomfort and annoyance:”—
Held, that this finding was not upon a question of law, and therefore not the subject of appeal.
Interdict
— Nuisance.