Addie's Trustees v. Caledonian Railway Co. [1906] ScotLR 43_769 (07 July 1906)

The obligation to construct an accommodation bridge includes the obligation to construct its approaches, as the purpose is to restore continuity of passage severed by the railway, and the contract and statutory context support this interpretation.

Citation: [1906] ScotLR 43_769
Parties: Pursuer: Miss Janet Addie, Braidhirst, Motherwell, and others, testamentary trustees of the late Alexander Addie of Braidhirst and Milton; Defender: Caledonian Railway Company
Jurisdiction: Scotland
Judgment Date: 07 July 1906
Procedural Posture: Civil / Final Judgment, Inner House, First Division
Outcome: appeal dismissed, interlocutor varied
Legal Topics: Obligation to Construct Bridge, Interpretation of Contractual Terms, Accommodation Works, Approaches to Bridge

Property Law Contract Law Railway Law Obligation to Construct Bridge Interpretation of Contractual Terms Accommodation Works Approaches to Bridge

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Parties

Miss Janet Addie, Braidhirst, Motherwell, and others, testamentary trustees of the late Alexander Addie of Braidhirst and Milton

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Civil / Final Judgment, Inner House, First Division

Legal Issues

1 Does an obligation to construct a bridge include an obligation to construct its approaches?
2 Interpretation of 'accommodation bridge' under contract and statute

Ratio Decidendi

Court Disposition

appeal dismissed, interlocutor varied

Orders

Defenders (Caledonian Railway Company) to commence construction of the accommodation bridge, including approaches, within three months from date of interlocutor and complete within nine months from commencement.
Quoad ultra adhere to previous interlocutor and decern.