lanarkshire county council v. eadie and caledonian eailway Co. [1906] ScotLR 43_805 (20 July 1906)

lanarkshire county council v. eadie and caledonian eailway Co. [1906] ScotLR 43_805 (20 July 1906)

Where a railway company, acting under statutory powers, interferes with a public road such that it cannot be restored, and provides a substituted road to the satisfaction of the local authority, public rights in the old road are extinguished without the need for statutory closure procedures under the Road Acts. The local authority retains no right in the portion of the old road not actually used by the railway company if it is rendered useless as a public road and a substitute has been provided.

Citation
[1906] ScotLR 43_805
Parties
Complainer/respondent: Lanarkshire County Council; Respondent/reclaimer: William Eadie; Respondent/reclaimer: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
20 July 1906
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
interlocutor of Lord Ordinary recalled; interdict refused; reasons of suspension repelled; decerned for respondents
Legal Topics
Public Roads, Statutory Powers of Railway Companies, Closure and Substitution of Roads, Rights of Local Authorities, Interdict (injunction), Cul De Sac, Abandonment of Public Rights
Public Law Property Law Administrative Law Public Roads Statutory Powers of Railway Companies Closure and Substitution of Roads Rights of Local Authorities Interdict (injunction) +2 more

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Parties

Lanarkshire County Council

Complainer/respondent

William Eadie

Respondent/reclaimer

Caledonian Railway Company

Respondent/reclaimer

Procedural Posture

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

Legal Issues

  1. 1 Whether a local authority retains rights in a portion of an old public road rendered a cul-de-sac and not used by a railway company after a substituted road is provided under statutory powers.
  2. 2 Whether statutory procedures under the Turnpike Roads (Scotland) Act 1831 or Roads and Bridges (Scotland) Act 1878 are necessary to extinguish public rights in such a road.

Ratio Decidendi

Where a railway company, acting under statutory powers, interferes with a public road such that it cannot be restored, and provides a substituted road to the satisfaction of the local authority, public rights in the old road are extinguished without the need for statutory closure procedures under the Road Acts. The local authority retains no right in the portion of the old road not actually used by the railway company if it is rendered useless as a public road and a substitute has been provided.

Court Disposition

interlocutor of Lord Ordinary recalled; interdict refused; reasons of suspension repelled; decerned for respondents

Orders

  • Recall the interlocutor dated 18th August 1905.
  • Repel the reasons of suspension.