North British Railway Co. v. Forth Bridge Railway Co. [1922] ScotLR 225 (27 January 1922)

North British Railway Co. v. Forth Bridge Railway Co. [1922] ScotLR 225 (27 January 1922)

Payment of compensation for leaving unworked minerals is not maintenance under section 38 of the Forth Bridge Railway Act 1882; liability falls on the Forth Bridge Railway Company as owners of the land.

Citation
[1922] ScotLR 225
Parties
First Parties: North British Railway Company; Second Parties: Forth Bridge Railway Company
Jurisdiction
Scotland
Judgment Date
27 January 1922
Procedural Posture
Special Case / Judgment
Outcome
Liability for compensation falls on the Forth Bridge Railway Company.
Legal Topics
Compensation for Minerals, Maintenance Obligations, Construction of Statutes
Railway Law Statutory Interpretation Property Law Compensation for Minerals Maintenance Obligations Construction of Statutes

Case Brief

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Parties

North British Railway Company

First Parties

Forth Bridge Railway Company

Second Parties

Procedural Posture

Special Case / Judgment

Legal Issues

  1. 1 Which party is liable for compensation for leaving unworked minerals required for railway support under the Forth Bridge Railway Act 1882 and Railways Clauses Consolidation (Scotland) Act 1845?

Ratio Decidendi

Payment of compensation for leaving unworked minerals is not maintenance under section 38 of the Forth Bridge Railway Act 1882; liability falls on the Forth Bridge Railway Company as owners of the land.

Court Disposition

Liability for compensation falls on the Forth Bridge Railway Company.

Orders

  • The Court answered the second alternative of the question of law in the affirmative.