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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> York-Buildings Company v W. Adams. [1741] 1 Elchies 406 (5 June 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010406-003.html Cite as: [1741] 1 Elchies 406 |
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[1741] 1 Elchies 406
Subject_1 REPARATION.
York-Buildings Company
v.
W Adams.
1741 ,June 5 .
Case No.No. 3.
Click here to view a pdf copy of this documet : PDF Copy
The Lords notwithstanding the terms of the tack found the Company obliged to repair what extraordinary damage happened through the hurricane 14th January 1734, and in order to ascertain the same remitted to the Ordinary to take a proof of the condition of the houses before the storm, and what extraordinary damage was then done, and what it may cost to repair the same.
*** The case of Sir John Baird 10th July 1741 here referred to is thus mentioned:
The Lords adhered to Kilkerran's interlocutor not only finding the master liable in the damages by the hurricane, but ascertaining them by a certain rule, though possibly by that rule both master and tenant might be prejudged in some minute article, because it was impossible to determine such questions minutely. Vide 5th June 1741, York-Buildings Company against Adams.
The electronic version of the text was provided by the Scottish Council of Law Reporting
