Market Gardener’s Appeal



Sheriff-Principal Fenton has issued his judgment in the appeal in the action at the instance of Alexander Beveridge, market gardener, Cairneyhill, near Dunfermline, against John Erskine, farmer, Myrend Farm, Cairneyhill.

Pursuer applied for declarator and interdict against the defender, prohibiting him using the Myrend Road as a right of way to his field for the purpose of taking dung to and victuals off the field.

The defender maintained that as pursuer was cultivating the field as a market gardener he was entitled to use the road for taking such produce from it, his right being to take victuals only, which defender interpreted as restricted to any kind of grain or corn.

The Sheriff Substitute granted declarator and interdict, and awarded £5 10s, holding that the word victual was sufficiently elastic to include food produce derived from the cultivation of the field.

Against the interlocutor the defender appealed, and the Sheriff-Principal has refused the appeal, holding with the Sheriff Substitute that pursuer was entitled to use the road for taking dung to the field and driving therefrom any food produce derived from cultivation. He accordingly refused the appeal with the expenses to the pursuer.

Agents:- for pursuer, Mr Peter McLeod, solicitor, Dunfermline. Counsel for defender, Mr MacDonald, KC, and Mr Innes, agents, Balfour & Manson, SSC, and T Blair & Sons, solicitors, Dunfermline.

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