The Lanarkshire Tramways Co. v. M'Naughton [1923] ScotLR 62 (10 November 1923)

The Lanarkshire Tramways Co. v. M'Naughton [1923] ScotLR 62 (10 November 1923)

A postman is not included in the classes of 'artisans, mechanics, daily labourers, clerks, and shop assistants' specified in section 75 of the Hamilton, Motherwell, and Wishaw Tramways Act 1900. The tramway company is entitled to set aside special cars for these classes and exclude others from them. The statutory obligation is satisfied by providing such exclusive cars, and the defender had no right to travel on them at the reduced fare or otherwise.

Citation
[1923] ScotLR 62
Parties
Pursuer: The Lanarkshire Tramways Company; Defender: John M'Naughton
Jurisdiction
Scotland
Judgment Date
10 November 1923
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute recalled; declarator granted in favour of pursuers on first and second conclusions; other conclusions not disposed of.
Legal Topics
Tramways, Statutory Construction, Public Transport Fares, Exclusion of Classes From Statutory Benefit
Transport Law Statutory Interpretation Public Law Tramways Statutory Construction Public Transport Fares Exclusion of Classes From Statutory Benefit

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Parties

The Lanarkshire Tramways Company

Pursuer

John M'Naughton

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether a postman is included in the classes entitled to travel on statutory workmen's cars at reduced fares under section 75 of the Hamilton, Motherwell, and Wishaw Tramways Act 1900
  2. 2 Whether the tramway company is entitled to exclude persons not within the specified classes from cars set aside for those classes

Ratio Decidendi

A postman is not included in the classes of 'artisans, mechanics, daily labourers, clerks, and shop assistants' specified in section 75 of the Hamilton, Motherwell, and Wishaw Tramways Act 1900. The tramway company is entitled to set aside special cars for these classes and exclude others from them. The statutory obligation is satisfied by providing such exclusive cars, and the defender had no right to travel on them at the reduced fare or otherwise.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute recalled; declarator granted in favour of pursuers on first and second conclusions; other conclusions not disposed of.

Orders

  • Find and declare that the defender was not on 5th October 1922 one of the classes of persons referred to in section 75 of the Hamilton, Motherwell, and Wishaw Tramway Act 1900.
  • Find and declare that the defender was not at that date entitled to travel on cars set aside in terms of said section for artisans, mechanics, daily labourers, clerks, and shop assistants.