The Burgh Police (Scotland) Act 1892, sec. 4 (31), enacts-”Street’ shall include any road, highway, bridge, quay, lane, . . thoroughfare, and public passage, or other place within the burgh used either by carts or foot-passengers, and not being or forming part of any harbour, railway, or canal station. . . ‘
The Burgh Police (Scotland) Act 1903, sec. 104 (2) ( d), enacts-‘Where any private street or part of such street has not . . been sufficiently levelled, paved, . . and flagged to the satisfaction of the council, it shall be lawful for the council to cause any such street or part thereof . . to be freed from obstruction, and to be properly levelled, paved. . . ‘
Held ( aff. judgment of the First Division) (1) that a strip of ground in a burgh adjoining a railway, consisting of an unformed road along which existed a public right-of-way for traffic of all descriptions, which had been acquired by the railway company in 1889 for ‘extraordinary purposes,’ but never used till 1908, when the company laid a set of rails on it, did not form ‘part of any railway,’ and fell within the definition of ‘street’ in the Burgh Police (Scotland) Acts; and (2) that the rails laid by the company might form ‘obstructions.’
Judges:
Lord Chancellor (Loreburn), Lord Atkinson, Lord Gorell, and Lord Shaw
Citations:
[1912] UKHL 9, 50 SLR 9
Links:
Jurisdiction:
Scotland
Transport, Land
Updated: 26 March 2022; Ref: scu.619229