North British Railway Co. v. Budhill Coal and Sandstone Co. and Others [1908] ScotLR 178 (24 November 1908)

North British Railway Co. v. Budhill Coal and Sandstone Co. and Others [1908] ScotLR 178 (24 November 1908)

Sandstone, including its soft upper portions suitable for moulders' sand, is a mineral within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845, and the defenders' notice to work such minerals was not shown to be mala fide; thus, the pursuers are not entitled to declarator or interdict.

Citation
[1908] ScotLR 178
Parties
Pursuer: North British Railway Company; Defender: Budhill Coal and Sandstone Company and Others
Jurisdiction
Scotland
Judgment Date
24 November 1908
Procedural Posture
Civil Declarator and Interdict / Appeal (reclaiming Motion) Inner House, Court of Session
Outcome
Action dismissed; interlocutor of Lord Ordinary affirmed (majority decision, Lord Ardwall dissenting).
Legal Topics
Interpretation of 'minerals' Under Statutory Conveyance, Railways Clauses Consolidation (scotland) Act 1845, Reservation of Minerals in Conveyances, Good Faith in Statutory Notices to Work Minerals
Property Law Railway Law Mining Law Interpretation of 'minerals' Under Statutory Conveyance Railways Clauses Consolidation (scotland) Act 1845 Reservation of Minerals in Conveyances Good Faith in Statutory Notices to Work Minerals

Case Brief

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Parties

North British Railway Company

Pursuer

Budhill Coal and Sandstone Company and Others

Defender

Procedural Posture

Civil Declarator and Interdict / Appeal (reclaiming Motion) Inner House, Court of Session

Legal Issues

  1. 1 Whether sandstone is a 'mineral' within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845
  2. 2 Whether the soft upper portion of a sandstone stratum, used as moulders' sand, is a mineral under the Act
  3. 3 Whether the defenders' notice to work minerals was given bona fide or mala fide

Ratio Decidendi

Sandstone, including its soft upper portions suitable for moulders' sand, is a mineral within the meaning of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845, and the defenders' notice to work such minerals was not shown to be mala fide; thus, the pursuers are not entitled to declarator or interdict.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary affirmed (majority decision, Lord Ardwall dissenting).

Orders

  • Pursuers' action for declarator and interdict dismissed.
  • Expenses awarded against the pursuers.