North British Railway Co. and Another v. Caledonian Railway Co. [1907] ScotLR 35 (18 October 1907)

North British Railway Co. and Another v. Caledonian Railway Co. [1907] ScotLR 35 (18 October 1907)

The siding in question, despite lateral and vertical deviations and temporary disuse, is a renewal of the original siding constructed at the time of the 1865 Act, as it serves the same subjects and fulfills the same purpose. Therefore, statutory running powers apply.

Citation
[1907] ScotLR 35
Parties
Pursuers (applicants/respondents): North British Railway Company and Glasgow and South-Western Railway Company; Defenders (respondents/reclaimers): Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
18 October 1907
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; Lord Ordinary's interlocutor affirmed.
Legal Topics
Running Powers, Sidings, Renewal of Railway Works, Statutory Rights Under Amalgamation Acts
Railway Law Property Law Statutory Interpretation Running Powers Sidings Renewal of Railway Works Statutory Rights Under Amalgamation Acts

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Parties

North British Railway Company and Glasgow and South-Western Railway Company

Pursuers (applicants/respondents)

Caledonian Railway Company

Defenders (respondents/reclaimers)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the siding in question is a 'siding constructed at the time of the commencement of the Act or any renewals thereof' within the meaning of section 15 of the Caledonian and General Terminus Railways Amalgamation Act 1865, thus conferring statutory running powers to the pursuers despite physical alterations and temporary disuse.

Ratio Decidendi

The siding in question, despite lateral and vertical deviations and temporary disuse, is a renewal of the original siding constructed at the time of the 1865 Act, as it serves the same subjects and fulfills the same purpose. Therefore, statutory running powers apply.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor affirmed.

Orders

  • Finds and declares that the pursuers are entitled to run over and use with their engines and trains for traffic of all kinds the siding in question, on payment of the specified tolls and rates, or such other terms as may be agreed upon.