The appellants were a firm using traction engines for the transport of their wares to neighbouring branches. Owing to a certain part of the main road being rendered unsafe for this traffic, the appellants used, and thereby destroyed, a country road unsuited for the support of such heavy traffic. The respondents claimed damages under section 23 of the Highways and Locomotives (Amendment) Act 1878.
Held that the question whether traffic was extraordinary was one of fact. Further, that constant use of the road by the appellants’ traction engine from 1909 to 1911 was not in itself sufficient to render by the end of that period such traffic ordinary.
Judges:
The Lord Chancellor (Buckmaster), Earl Loreburn, Lords Atkinson, Parker, Sumner, and Parmoor
Citations:
[1915] UKHL 530, 53 SLR 530
Links:
Jurisdiction:
England and Wales
Land, Transport
Updated: 26 April 2022; Ref: scu.620696
