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Scottish Court of Session Decisions >>
Farquharson v Farquharson. [1741] Mor 12779 (25 June 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3012779-014.html Cite as:
[1741] Mor 12779
Whether lawful to make a fence against a river, though thereby a damage arise to another?
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It was found lawful for one to build a fence upon his own ground, by the side of a river, to prevent damage to his ground by the overflow of the river, though thereby a damage should happen to his neighbour by throwing the whole overflow in time of flood upon his ground. But it was found not lawful to use any operation in the alveus.
