A horse having strayed from the public road by a level-crossing, which was without gate or fence, upon a branch line of railway belonging to the proprietors of the ground, and from that at a distance of about half-a-mile having got upon the main line of the North British Railway Company, which was likewise without gate or fence, and been killed-in an action of damages the proprietors of the branch line were [ aff. judgment of Court of Session] assoilzied, there being no obligation under the Railway Statutes to erect gates and fences on private lines.
Judges:
Lord Chancellor, Lord O’Hagan, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 778, 15 SLR 778
Links:
Jurisdiction:
Scotland
Land
Updated: 11 October 2022; Ref: scu.646311