A railway station, declared by statute to be the joint property of the Scottish North-Eastern and the Great North of Scotland Railway Companies, was built by them in 1864, and was placed under control of a joint committee of the two companies.
The Act of 1866, 29 and 30 Vict. c. 211, which transferred the rights, interest, and estate of the North-Eastern Company to the Caledonian Railway Company, by section 106 provided that ‘the North British Railway Company may, for the purpose of conveying Scottish East Coast traffic’ (which included traffic via North British lines), ‘run over and use with their engines, trucks, and carriages of every description, the Scottish North-Eastern lines, or any part thereof, and the stations, waterplaces, works, and conveniences upon and connected with the Scottish North-Eastern lines.’
The North British Railway were also entitled to the ‘joint and separate use of the offices, warehouses, stations, sidings, and other accommodation at the several stations, wharfs, stopping, loading and unloading places, sidings, and junctions of the Scottish North-Eastern lines, including, in so far as the Caledonian Company lawfully may, the station at Aberdeen and all conveniences therewith connected.’
Held (rev. the decision of the First Division) that the defenders were not entitled without the consent of the Great North of Scotland Railway Company, part-owners thereof, to use the joint-passenger station or any part thereof, or the conveniences connected therewith, for the purposes of their traffic, or to run over or use with their engines, trucks, or carriages of any description the said station or the railway through the same, or the sidings, accesses or works extending for 200 yards on each side of the passenger shed of the said joint-passenger station, or any part of the same.
Judges:
Lord Chancellor (Lord HerSchell), and Lords Watson, Ashbourne, Shand, and Bowen
Citations:
[1894] UKHL 442, 31 SLR 442
Links:
Jurisdiction:
Scotland
Land
Updated: 04 May 2022; Ref: scu.634089