MANAGEMENT OF MOORS 65 



the superior courts in England, an injunc- 

 tion was sought by the owner of a grouse 

 moor divested of sheep against a neigh- 

 bouring farmer to prevent his sheep 

 trespassing on the moor and damaging 

 the shooting. In the discussion and 

 decision of this case the economic 

 element involved was made prominent. 

 The injunction was refused, and Mr. 

 Justice Darling, in delivering the leading 

 opinion, made the following remarks: — 



If he as a judge were placed in the dilemma of 

 having to decide whether he should stop sheep 

 breeding, or the breeding of grouse for the pleasure 

 of shooting, he should consider which was for the 

 greater advantage of the community. Was it for 

 their greater advantage that there should be an 

 industrious pastoral population tending sheep, 

 which would be valuable as food and for vesture, 

 or that the people of England should have grouse 

 shooting, and if they could shoot the grouse, — 

 which few of them could, — even have grouse to 

 eat ? Without hesitation he should say it would 

 not only be oppressive to the shepherd to say he 

 must go so that the grouse were left, but that it 

 would be distinctly bad for the community. 



It might be easy to point to a want of 



5 



