In 1865 the G. Railway Company absorbed the L. Company. One of the rights taken over from the L. Company was running powers over a section of the M. Company’s line from M. to S. In 1906 the G. Company absorbed the D. Company, which had a junction with the M. Company’s line at S. The G.
Company sought to combine the two rights and carry traffic from the D. line via S. junction to M. junction.
Held that section 38 of the Railways Clauses Act 1863 only conferred on the G. Company the rights the D. Company enjoyed at the time of the amalgamation and were not entitled to use the D. and M. lines in conjunction
Judges:
Lord Chancellor (Viscount Haldane), Earl of Halsbury, Lords Atkinson, Mersey, Parker, and Sumner
Citations:
[1913] UKHL 854, 51 SLR 854
Links:
Jurisdiction:
England and Wales
Transport
Updated: 31 January 2022; Ref: scu.632757