Where a bridge has been constructed under the Railways Clauses Consolidation Act 1845 to carry a high road over a railway, and was originally constructed of adequate strength to carry the normal traffic of the time, is it sufficient for the railway company to maintain it of such strength, or must it provide a bridge strong enough to carry modern traffic?
Held (dis. Viscount Haldane) that they are only liable to keep it in repair as originally constructed.
Judges:
Lord Chancellor (Buckmaster), Earl Loreburn, Viscount Haldane, Lords Shaw and Sumner
Citations:
[1916] UKHL 412
Links:
Jurisdiction:
England and Wales
Land
Updated: 19 July 2022; Ref: scu.630686