Forth Bridge Railway Co. v. Dunfermline Guildry [1910] ScotLR 286 (27 January 1910)
The Court recalled the previous interlocutors and found for the pursuers, as the House of Lords had determined that sandstone is not a mineral under the relevant statutory provision, rendering the prior dismissal of the action unsound.
- Citation
- [1910] ScotLR 286
- Parties
- Pursuer: Forth Bridge Railway Company; Defender: Dunfermline Guildry
- Jurisdiction
- Scotland
- Judgment Date
- 27 January 1910
- Procedural Posture
- Civil / Recall of Interlocutor; Final Disposition on Joint Minute
- Outcome
- action for pursuers; interlocutor recalled; expenses awarded against defenders
- Legal Topics
- Definition of Minerals, Statutory Interpretation, Recall of Interlocutor
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Forth Bridge Railway Company
Pursuer
Dunfermline Guildry
Defender
Procedural Posture
Civil / Recall of Interlocutor; Final Disposition on Joint Minute
Legal Issues
- 1 Whether whinstone and sandstone are 'minerals' under section 70 of the Railways Clauses Consolidation (Scotland) Act 1845
- 2 Effect of House of Lords decision in a cognate case on the present action
Ratio Decidendi
The Court recalled the previous interlocutors and found for the pursuers, as the House of Lords had determined that sandstone is not a mineral under the relevant statutory provision, rendering the prior dismissal of the action unsound.
Court Disposition
action for pursuers; interlocutor recalled; expenses awarded against defenders
Orders
- Interlocutor of 2nd February 1909 and interlocutor of Lord Ordinary dated 4th June 1908 recalled
- Judgment for pursuers in terms of first conclusion of summons
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment