Lord Cranworth considered the adverse effect of building railways on nearby businesses, and in particular the Pickled Egg public house: ‘The very existence of a railway must cause loss to many persons in its neighbourhood. Every inn or posting-house at which post horses were kept suffered, as is well known, grievous loss by the first establishment of a railroad in its neighbourhood; in fact, the business of such a house was often utterly destroyed. But it was never contended that this was an injury for which compensation should be demanded.’ and ‘there is nothing in authority or logic to say that the letting value of the premises cannot be affected by an interference which makes it less convenient to conduct the kind of business for which they would otherwise have been suitable. A plaintiff who can prove such a reduction in value, for whatever period, is entitled to compensation.’
Judges:
Lord Cranworth
Citations:
(1867) LR 2 HL 175
Jurisdiction:
England and Wales
Cited by:
Cited – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 14 May 2022; Ref: scu.259677
