RICHARD WESTON and SONS v INCORPORATION OF TAILORS OF POTTERROW, and WILLIAM HILL & Ors, (Pettit's Trustees) (Court of Session)

‘Whether, by the fault or negligence of the said incorporation, or of another or others acting under their authority and for their behoof, the water of a water-closet in the said floor overflowed, on or about the 26th day of November 1836, and on the 4th day of May 1837, or either of the said days, to the loss, injury and damage of the pursuers?

Whether, by the fault or negligence of the late John Pettit, or another or others acting under his authority and for his behoof, the water of the said water-closet overflowed, on or about the said 26th day of November 1836, and the said 4th day of May 1837, or either of them, to the loss, injury and damage of the pursuers?’

The amount of damages claimed was L.71 : 15 : 4, ‘reserving to the defenders their respective rights of relief inter se.’

Cross-examined by Dean of Faculty .—‘Handle of water-closet was in its proper place, and down when witness saw it. It worked properly. Wire had jambed between wall and seat. Witness shook it, when it loosened. The accident may happen with a new closet, though not so likely. Wire was not improperly relaxed.’

Re-examined .—‘No receptacle or groove for wire in the seat. Describes, that wire was placed at side of the pipe, and this not unusual, though wire sometimes runs through a hole in the seat, when it cannot jamb. Jambing could not have happened if it had so run. Sharp pull might have the effect of causing the jamb. It is usual to protect wires with a cover, but makes little difference on the danger. Jambing had no effect on operation of handle.’