Warrand v Watson
| Jurisdiction | Scotland |
| Judgment Date | 19 July 1906 |
| Date | 19 July 1906 |
| Docket Number | No. 164. |
| Court | Court of Session |
Lord M'Laren, Lord President, Lord Kinnear, Lord Pearson.
FishingsSalmon-FishingsTrespassInterdictParties nominally fishing for troutCircumstances amounting to infringement of salmon-fishing rights.
A pro indiviso proprietor of salmon-fishings, who had the exclusive right of fishing for salmon on seven out of every eight week-days, brought an action against certain persons, who had the right of fishing for salmon on the eighth day, to interdict them from fishing for salmon on other days than the eighth day. The defenders averred that on other days than the eighth day they had only fished for trout, which they had a right to do.
Held, after a proof, that infringement of the pursuer's salmon-fishing rights sufficient to justify interdict had been made out against such of the defenders as were proved (1) to have made no difference on their mode of fishing on the days when they were not entitled to fish for salmon, (2) to have used minnow-tackle or flies of a large size (though not technically salmon-flies), and (3) to have fished in the months of August and September, when, broadly speaking, only salmon and sea-trout are taken with the rod; although it had not been proved in every case that salmon had actually been taken.
(Sequel to Warrand v. Watson, Dec. 16, 1905, reported ante, p. 253.)
Captain Alexander Redmond Bewley Warrand, of Bught, was the pro indiviso proprietor, along with the town of Inverness, of certain salmon-fishings on the River Ness, he being vested in three and one half cobles of the said fishings, while the town was vested in one half coble. By arrangement between the pro indiviso proprietors it was agreed that their respective rights should be exercised as follows, viz.:That Captain Warrand should have the exclusive right of fishing for salmon on seven out of every eight week-days, while the town of Inverness should have the exclusive right on every eighth weekday. The town of Inverness made no use of this right of fishing for purposes of profit, but left it open to the inhabitants of the town to exercise at their pleasure.
On 23d September 1904 Captain Warrand brought an action in the Sheriff Court at Inverness against Donald Watson and others, all indwellers in the town of Inverness, in which he craved that they should be interdicted from fishing in his waters for salmon, grilse, sea-trout, or other fish of the salmon kind, but always under exception of the town's right of...
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Warrand v Watson
...for approval of the Auditor's report. (Sequel to Warrand v. Watson, reported of date Dec. 16, 1905, 8 F. 253, and of date July 19, 1906, 8 F. 1098.) Captain Alexander Redmond Bewley Warrand of Bught brought an action, on 23d September 1904, in the Sheriff Court at Inverness against Donald W......