Held (aff. judgment of the Court of Session) that under the 71st section of the Railway Clauses Act 1845 (8 and 9 Vict. c. 33) a railway company that has received notice from an owner or lessee of minerals under a railway of his intention to work them, and has not within thirty days thereafter given notice of a desire that they should remain unworked, is not thereby barred from giving such notice subsequently when the workings seem likely to become dangerous to the line of railway.
Judges:
Lord Chancellor Selborne, Lord Blackburn, and Lord Watson
Citations:
[1880] UKHL 816, 17 SLR 816
Links:
Jurisdiction:
Scotland
Land
Updated: 14 June 2022; Ref: scu.635636