McKenna and others v O'Hare and another; McAllister and others v O'Hare and another

Nuisance – Liability – Proof of culpa – Onus of proof. Sheriff Appeal Court: Refusing an appeal in conjoined actions for damages in which the sheriff held that the pursuers had suffered loss, injury and damage as a result of a nuisance created by the defenders after the pursuers' properties were contaminated by oil which had emanated from a tank on defenders' land , the court rejected the defenders' contentions that the sheriff had misapplied the law in relation to nuisance, that her approach to the evidence was flawed and that she made findings in fact which the evidence did not entitle her to make.

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