Cameron v. Caledonian Railway Co. [1904] ScotLR 41_414 (12 March 1904)

Cameron v. Caledonian Railway Co. [1904] ScotLR 41_414 (12 March 1904)

The Caledonian Railway Company remains liable for street formation expenses under section 34 of the Greenock Corporation Act 1893 for the full frontage, including the bridge and parapets, because their property, though altered and below street level, still adjoins and fronts the street within the meaning of the statute. The statutory language and factual distinctions from the Hackney case justify affirming liability.

Citation
[1904] ScotLR 41_414
Parties
Petitioner/respondent: John Cameron, Procurator-Fiscal of the burgh of Greenock; Respondent/appellant: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
12 March 1904
Procedural Posture
Appeal / Final Judgment, Inner House Second Division
Outcome
appeal dismissed, interlocutor affirmed
Legal Topics
Liability for Street Formation Expenses, Definition of 'fronting or Adjoining', Assessment of Railway Property Under Local Statutes
Local Government Property Law Statutory Interpretation Liability for Street Formation Expenses Definition of 'fronting or Adjoining' Assessment of Railway Property Under Local Statutes

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Parties

John Cameron, Procurator-Fiscal of the burgh of Greenock

Petitioner/respondent

Caledonian Railway Company

Respondent/appellant

Procedural Posture

Appeal / Final Judgment, Inner House Second Division

Legal Issues

  1. 1 Whether Caledonian Railway Company is liable under section 34 of the Greenock Corporation Act 1893 for street formation expenses for property altered by railway works
  2. 2 Interpretation of 'fronting or adjoining' in the context of statutory liability for street expenses

Ratio Decidendi

The Caledonian Railway Company remains liable for street formation expenses under section 34 of the Greenock Corporation Act 1893 for the full frontage, including the bridge and parapets, because their property, though altered and below street level, still adjoins and fronts the street within the meaning of the statute. The statutory language and factual distinctions from the Hackney case justify affirming liability.

Court Disposition

appeal dismissed, interlocutor affirmed

Orders

  • Caledonian Railway Company liable for street formation expenses for full frontage, including bridge and parapets
  • Corporation of Greenock authorised to complete formation of Inverkip Street as specified