Farrer v Nelson
| Jurisdiction | England & Wales |
| Year | 1885 |
| Date | 1885 |
| Court | Queen's Bench Division |
Game - Reservation of Right of Shooting - Overstocking Land with Game - Injury to Crops - Right of Action.
Where land is let to a tenant reserving the right of shooting over the land, the tenant may maintain an action against the persons entitled to the right of shooting for overstocking the land with game so as to cause damage to the tenant's crops.
APPEAL by case from the County Court of Westmoreland.
The action was for damages caused by the defendants overstocking the plaintiff's farm with game, the defendants having the right of sporting over the plaintiff's farm. At the trial in November, 1884, it appeared that the plaintiff was the tenant to Walter C. Strickland, of Sizergh Castle, Westmoreland, of a farm (exclusive of the woods and coppices) at Low Sizergh, near Kendal, under a deed dated September, 1881, to which they were parties. The sporting and shooting rights over the farm were by the deed reserved to Strickland.
The defendants, by indenture of lease dated May, 1883, between Strickland and the defendants, became lessees of the shooting and sporting rights over the Sizergh Castle estate, of which the farm leased to the plaintiff forms part. It was proved that the defendants, by their gamekeepers, had during the spring, summer, and autumn of 1884 reared in coops elsewhere than on the plaintiff's farm, but on another part of the Sizergh Castle estate, about 1500 pheasants, and had carried in the coops about 450 of these pheasants into a coppice wood which is situate on the plaintiff's farm, but is reserved to the landlord in the plaintiff's lease. About an acre of the coppice wood had been cut down for the purpose of rearing pheasants, into which the 450 pheasants were brought, and the part of the coppice wood so cut down adjoined to within about five yards of the fence dividing the coppice wood from the plaintiff's field in which the damage complained of was done. As many as 100 pheasants at a time had been seen running in the plaintiff's field adjoining the coppice in the month of August, when the plaintiff's grain and other crops were ripening. The field in which the damage was done covered an area of about twenty-seven acres, and the coppice wood in which the pheasants were placed covered altogether an area of about eighty acres.
It was admitted by the defendants that 300 to 400 pheasants had been placed as before mentioned, and that some of these...
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