North British Railway Co. v. Turners Ltd [1904] ScotLR 41_706 (02 July 1904)

North British Railway Co. v. Turners Ltd [1904] ScotLR 41_706 (02 July 1904)

A railway company acquiring land for railway purposes is entitled to necessary support from adjacent land, and this right binds successors in title. Clay forming the sub-soil is not a mineral under the relevant statute, so statutory exceptions do not apply. The defenders' clay workings caused subsidence and damage to the railway, entitling the pursuers to interdict and damages.

Citation
[1904] ScotLR 41_706
Parties
Pursuer: North British Railway Company; Defender: Turners Limited
Jurisdiction
Scotland
Judgment Date
02 July 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; judgment for pursuers affirmed.
Legal Topics
Right to Support, Statutory Interpretation, Definition of Minerals, Damages for Subsidence, Interdict/injunction
Property Law Railway Law Tort/delict Right to Support Statutory Interpretation Definition of Minerals Damages for Subsidence Interdict/injunction

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Parties

North British Railway Company

Pursuer

Turners Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a railway company is entitled to support for its railway from adjacent land under common law and statute
  2. 2 Whether clay is a 'mineral' within the meaning of the Railways Clauses Consolidation (Scotland) Act 1845
  3. 3 Whether the right to support transmits against successors in title

Ratio Decidendi

A railway company acquiring land for railway purposes is entitled to necessary support from adjacent land, and this right binds successors in title. Clay forming the sub-soil is not a mineral under the relevant statute, so statutory exceptions do not apply. The defenders' clay workings caused subsidence and damage to the railway, entitling the pursuers to interdict and damages.

Court Disposition

Appeal dismissed; judgment for pursuers affirmed.

Orders

  • Declarator granted in favour of pursuers as to right of support and restriction on defenders' clay workings.
  • Interdict (injunction) granted restraining defenders from working clay so as to injure the railway.