The plaintiff sued when his horse slipped on tramlines in the road and fell. Stone setts or paving between the rails of a tramway in Grafton Street, Dublin, had become slippery owing to the grit or roughness of setts being worn away. In that state, the paving between the rails was dangerous and a nuisance, … Continue reading Dublin United Tramways Co Ltd v Martin Fitzgerald: HL 1903
The court was asked whether the removal of four or five inches of snow from the tramway in Acton High Street was within the duty to maintain the highway imposed by section 28 of the Act of 1870. Held: It was not. Citations: [1909] 1 KB 68 Statutes: Tramways Act 1870 28 Cited by: Cited … Continue reading Acton District Council v London United Tramways: KBD 1909
Section 43 of the Tramways Act 1870 provides:-‘Where the promoters of a tramway in any district are not the local authority, the local authority . . may . . by notice . . require such promoters to sell, and thereupon such promoters shall sell to them their undertaking, or so much of the same as … Continue reading Manchester Carriage and Tramways Co v Swinton and Pendlebury Urban District Council: HL 15 Dec 1905
There was a provision made by the Legislature that disputes mentioned in the section of the Act were to be determined by an Expert nominated by the Board of Trade and it was contended that though not in the strict technical sense estoppel, it was a . .
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating the effects of the 1870 Act. Held: The 1988 Act did not provide a full … Continue reading Roe v Sheffield City Council and others: CA 17 Jan 2003
A cyclist was killed because of the dangerous condition of an abandoned tramway. A rail and the adjoining stone setts were not level with each other. The London Passenger Transport Board had given the highway authority the notice required by statute to the highway authority of their proposal to abandon a tramway. The highway authority … Continue reading Simon v Islington Borough Council: CA 1943
This Order was promoted by the Corporation of Glasgow for a number of purposes. Its main objects were to get powers with regard to (1) tramways, (2) city improvements, (3) supply of gas, (4) amendment of the Glasgow Police Acts as to traffic, advertising, and trading in the streets, and (5) varying the incidence of … Continue reading Glasgow Corporation Order: HL 26 Mar 1912
The bye-laws made under the powers conferred by the Glasgow Corporation Tramways Acts 1870 to 1893 provide that it shall be lawful for any officer or servant of the Corporation to seize and detain any passenger attempting to evade payment of his fare whose name or residence is unknown to such officer or servant. In … Continue reading Percy v Glasgow Corporation: HL 26 May 1922
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000
