Where the level of a road has been lowered by subsidence above a mine, the highway authority has no absolute right to restore the original level and recover the whole expense as damages without considering whether the road could be more cheaply restored at the new level so as to be equally commodious.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten and Atkinson
Citations:
[1908] UKHL 690, 46 SLR 690
Links:
Jurisdiction:
England and Wales
Land
Updated: 26 April 2022; Ref: scu.621513