Glasgow and South-Western Railway Co. v. Ayr Magistrates and Others [1910] ScotLR 211 (21 December 1910)

Glasgow and South-Western Railway Co. v. Ayr Magistrates and Others [1910] ScotLR 211 (21 December 1910)

Oswald Road was not part of a railway at the date of the Burgh Police (Scotland) Act 1892 and thus became a private street by statutory definition. The railway company could not subsequently convert it into a railway by laying rails. The rails constituted an obstruction, and the Magistrates were entitled to have them removed. Expenses declared as 'expenses in the cause' are to be awarded to the ultimately successful party.

Citation
[1910] ScotLR 211
Parties
Pursuer: Glasgow and South-Western Railway Company; Defender: Ayr Magistrates and Others
Jurisdiction
Scotland
Judgment Date
21 December 1910
Procedural Posture
Civil / Final Judgment in Inner House, First Division, After Proof and Reclaiming Note
Outcome
Defenders assoilzied (absolved); reclaiming note refused; interlocutor adhered to; defenders awarded expenses.
Legal Topics
Definition of Private Street, Railway Rights Over Public and Private Streets, Statutory Interpretation of Burgh Police (scotland) Acts, Obstruction in Streets, Expenses in Litigation
Administrative Law Property Law Local Government Law Definition of Private Street Railway Rights Over Public and Private Streets Statutory Interpretation of Burgh Police (scotland) Acts Obstruction in Streets Expenses in Litigation

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Parties

Glasgow and South-Western Railway Company

Pursuer

Ayr Magistrates and Others

Defender

Procedural Posture

Civil / Final Judgment in Inner House, First Division, After Proof and Reclaiming Note

Legal Issues

  1. 1 Whether Oswald Road is part of a railway or a private street under the Burgh Police (Scotland) Acts 1892 and 1903
  2. 2 Whether the railway company could convert a private street into a railway by laying rails
  3. 3 Whether rails laid by the railway company constituted an obstruction under the Acts

Ratio Decidendi

Oswald Road was not part of a railway at the date of the Burgh Police (Scotland) Act 1892 and thus became a private street by statutory definition. The railway company could not subsequently convert it into a railway by laying rails. The rails constituted an obstruction, and the Magistrates were entitled to have them removed. Expenses declared as 'expenses in the cause' are to be awarded to the ultimately successful party.

Court Disposition

Defenders assoilzied (absolved); reclaiming note refused; interlocutor adhered to; defenders awarded expenses.

Orders

  • Adhere to interlocutor of Lord Ordinary assoilzieing defenders.
  • Refuse reclaiming note of pursuers.