This was an appeal from a judgment of the First Division in an action of suspension and interdict, raised by Messrs Black and others, owners and occupiers in North Bridge Street, against the Edinburgh Tramways Company, and its object was to compel the Company to remove their rails at certain points ex adverso of the suspenders’ property, on the ground that the statutory distance of 9 feet 6 inches had not been left between the outer rails of the tramway and the curb-stone.
The First Division, adhering to the interlocutor of the Lord Ordinary (Gifford), gave judgment for the suspenders.
The Tramways Company appealed.
Where the provisions of a Special Act of Parliament conflicted with those of a General Act incorporated with it- Held (reversing the judgment of the Court of Session) that the latter must prevail, and that the deposited plans and sections had by reference been made part of the Special Act, to which it was too late to object.
[1873] UKHL 2 – Paterson – 206, [1873] UKHL 654, 10 SLR 654
Bailii, Bailii
Scotland
Updated: 14 September 2021; Ref: scu.652919