The Summerlee and Mossend Iron and Steel Co., Ltd v. The Caledonian Railway Co. [1909] ScotLR 383 (05 February 1909)

The Summerlee and Mossend Iron and Steel Co., Ltd v. The Caledonian Railway Co. [1909] ScotLR 383 (05 February 1909)

The defenders' obligation under the disposition includes constructing and maintaining a level-crossing usable with reasonable safety, together with all adjuncts or appliances as may be necessary for public safety, whether on their own or the pursuers' land, as prescribed by the Board of Trade. Statutory requirements do not discharge this obligation, and performance is not rendered impossible merely because it may be more onerous or require works on land not owned by the defenders.

Citation
[1909] ScotLR 383
Parties
Pursuer: The Summerlee and Mossend Iron and Steel Company, Limited; Defender: The Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
05 February 1909
Procedural Posture
Civil / Appeal/reclaiming Motion Before Inner House
Outcome
Lord Ordinary's interlocutor recalled; cause continued for parties to obtain Board of Trade approval; defenders found bound to construct and maintain crossing with necessary adjuncts as prescribed by Board of Trade, including works on pursuers' land if required.
Legal Topics
Real Burdens, Accommodation Works, Level Crossing, Statutory Regulation, Public Safety
Contract Property Railway Law Real Burdens Accommodation Works Level Crossing Statutory Regulation Public Safety

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Summerlee and Mossend Iron and Steel Company, Limited

Pursuer

The Caledonian Railway Company

Defender

Procedural Posture

Civil / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Whether the defenders are obliged to construct and maintain a level-crossing with necessary adjuncts for the pursuers' use, including works on land not belonging to them.
  2. 2 Whether statutory requirements and Board of Trade approval discharge or modify the defenders' contractual obligations.
  3. 3 Whether supervening legislation renders performance impossible or excuses non-performance.

Ratio Decidendi

The defenders' obligation under the disposition includes constructing and maintaining a level-crossing usable with reasonable safety, together with all adjuncts or appliances as may be necessary for public safety, whether on their own or the pursuers' land, as prescribed by the Board of Trade. Statutory requirements do not discharge this obligation, and performance is not rendered impossible merely because it may be more onerous or require works on land not owned by the defenders.

Court Disposition

Lord Ordinary's interlocutor recalled; cause continued for parties to obtain Board of Trade approval; defenders found bound to construct and maintain crossing with necessary adjuncts as prescribed by Board of Trade, including works on pursuers' land if required.

Orders

  • Recall Lord Ordinary's interlocutor.
  • Find defenders bound to construct and maintain level-crossing with all adjuncts as prescribed by Board of Trade, whether on defenders' or pursuers' land.