Caledonian Railway Co. v. North British Railway Co. [1916] ScotLR 275 (11 January 1916)

Caledonian Railway Co. v. North British Railway Co. [1916] ScotLR 275 (11 January 1916)

'Cost of land' in the 1897 Act means only the purchase money paid to the seller, not including expenses of acquisition. 'Permanent-way material' as used in the 1876 Act does not include ballast, which is treated separately in railway construction practice and statutory language.

Citation
[1916] ScotLR 275
Parties
Pursuer: Caledonian Railway Company; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
11 January 1916
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed in part; Lord Ordinary's finding that ballast is included in permanent-way material reversed; otherwise, interlocutor adhered to.
Legal Topics
Construction of Statutes, Definition of 'cost of Land' and 'permanent Way Material', Railway Tolls and Charges
Statutory Interpretation Railway Law Contract Law Construction of Statutes Definition of 'cost of Land' and 'permanent Way Material' Railway Tolls and Charges

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Parties

Caledonian Railway Company

Pursuer

North British Railway Company

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether 'cost of land' in the Caledonian Railway Act 1897 includes only purchase money or also expenses of acquisition
  2. 2 Whether 'permanent-way material' includes ballast for the purposes of calculating tolls

Ratio Decidendi

'Cost of land' in the 1897 Act means only the purchase money paid to the seller, not including expenses of acquisition. 'Permanent-way material' as used in the 1876 Act does not include ballast, which is treated separately in railway construction practice and statutory language.

Court Disposition

Appeal allowed in part; Lord Ordinary's finding that ballast is included in permanent-way material reversed; otherwise, interlocutor adhered to.

Orders

  • Ballast provided and laid does not fall to enter the account between the parties.
  • Otherwise, the interlocutor of Lord Cullen dated 31 July 1914 is adhered to.