Alexander Cowan & Sons, Ltd v. North British Railway Co. [1901] ScotLR 38_514 (19 March 1901)

Alexander Cowan & Sons, Ltd v. North British Railway Co. [1901] ScotLR 38_514 (19 March 1901)

The Court held by majority that the Railway and Canal Commissioners had no jurisdiction to order a railway company to deliver traffic at a private siding, as such sidings are not part of the 'railway' within the meaning of section 2 of the Railway and Canal Traffic Act 1854. The right to refuse delivery at such sidings is not affected by prior voluntary practice. However, the Commissioners had jurisdiction to address issues of undue preference where the company delivered coal at other traders' sidings but refused at the applicants' siding.

Citation
[1901] ScotLR 38_514
Parties
Applicant/appellant: Alexander Cowan & Sons, Limited; Respondent/appellant: North British Railway Company
Jurisdiction
Scotland
Judgment Date
19 March 1901
Procedural Posture
Appeal From Railway and Canal Commissioners / Judgment on Appeal
Outcome
Appeal allowed in part; order of the Railway Commissioners quashed as to delivery at private siding, but jurisdiction upheld as to undue preference.
Legal Topics
Railway Facilities, Jurisdiction of Railway Commissioners, Undue Preference, Delivery at Private Siding, Interpretation of Railway and Canal Traffic Act 1854
Transport Law Administrative Law Commercial Law Railway Facilities Jurisdiction of Railway Commissioners Undue Preference Delivery at Private Siding Interpretation of Railway and Canal Traffic Act 1854

Case Brief

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Parties

Alexander Cowan & Sons, Limited

Applicant/appellant

North British Railway Company

Respondent/appellant

Procedural Posture

Appeal From Railway and Canal Commissioners / Judgment on Appeal

Legal Issues

  1. 1 Whether the Railway Commissioners had jurisdiction to order a railway company to deliver coal at a private siding not part of the public railway system.
  2. 2 Whether the prior voluntary practice of delivery at a private siding creates a legal obligation to continue such delivery.
  3. 3 Whether refusal to deliver coal at one private siding while delivering at others constitutes undue preference under the Railway and Canal Traffic Act 1854.

Ratio Decidendi

The Court held by majority that the Railway and Canal Commissioners had no jurisdiction to order a railway company to deliver traffic at a private siding, as such sidings are not part of the 'railway' within the meaning of section 2 of the Railway and Canal Traffic Act 1854. The right to refuse delivery at such sidings is not affected by prior voluntary practice. However, the Commissioners had jurisdiction to address issues of undue preference where the company delivered coal at other traders' sidings but refused at the applicants' siding.

Court Disposition

Appeal allowed in part; order of the Railway Commissioners quashed as to delivery at private siding, but jurisdiction upheld as to undue preference.

Orders

  • Order of the Railway Commissioners requiring delivery of coal at Low Mill siding quashed for want of jurisdiction.
  • Order regarding undue preference upheld.