FIRTH SHIPPING COMPANY, LTD. v. MORTON'S TRUSTEES.

(1936) 56 Ll L Rep 35

COURT OF SESSION.

Before the Lord President (Lord Normand), Lord Morison, Lord Fleming and Lord Moncrieff.

Berth-"Free port" (Scotland)-Grant from Crown to defenders of Barony of Aberdour "with the port and harbour thereof with full power, privilege and liberty of repairing the said port of Aberdour or of building, making and erecting a free seaport and harbour in any other part of the aforesaid Barony of Aberdour . . . and of uplifting all and sundry small customs, anchorages, dock silver and ground leave and all other duties and emoluments of the said port and harbour of Aberdour" - Pursuers' vessel berthed alongside pier in Aberdour Harbour - Allegation that vessel sustained damage on taking ground-Bottom not level - Claim against defenders - Pursuers' averments held by Lord Ordinary to be irrelevant, it having been assumed by his Lordship that it was common ground between the parties that there was no revenue available for the provision of a harbour-master or for dredging, and that all sums received had been expended on the upkeep of the pier- Appeal by pursuers-No admission by pursuers as to expenditure of dues- Remedy for breach of grantees' obligations-Duty of grantees of "free port" towards general public.