EDWARD COLLINS v JAMES HAMILTON, ARCHIBALD ARTHUR and M'DONALD and M'KAY (Court of Session)

This was an action of damages against Mr Hamilton of Barns, proprietor of a dye-work on the burn of Cochno in Dumbartonshire, and his tenant and subtenants, for an alleged pollution of that stream by discharging a quantity of madder or other dye-stuff into it, by which it was averred that material injury was done to the pursuer, manufacturer of paper at Dalmuir, from two to three miles lower down the stream, where, after its junction with the East Cochno, and passing several other manufactories, and a considerable village, it bore the name of the Duntocher burn.

The pursuer had two paper mills. At the upper he manufactured coarse paper, and at the lower that of fine quality. Between these two, it likewise appeared that he had two other mills for chipping, rasping or grinding camwood, barwood and other woods used for the purposes of dying.

The following issues went to trial before Lord Cockburn and a special jury at Glasgow, at the sittings in April 1837, and the trial lasted five days.

‘It being admitted that the pursuer is a paper-maker on the Dalmuir or Duntocher burn, and that one of the streams which unite to form the said burn passes from the Cochno loch through the property of the defender, James Hamilton:

It being also admitted, that on the said property there are certain premises and buildings erected thereon, let by the predecessors of the defender, James Hamilton, of which the defender, Arthur, is or was tenant, and the defenders, M'Donald and M'Kay, are sub-tenants: