A cafe operated by the trunk road. Lorry drivers when pulling off to stop, damaged the verge, along which ran a public footpath. The defendant constructed a lay-by for the lorries, re-routing the footpath around it, purporting tu use powers under the 1936 Act. The plaintiff objected.
Held: The action for an injunction failed. The verge was part of the highway, and it was a proper use of the highway to pull over on to it for a temporary stop for a legitimate purpose, provided that he caused no obstruction to either the highway, or in this case the footpath. The works had not amounted to the construction of a car park, but were merely levelling and widening the highway. The defendant had not exceeded his powers.
Judges:
Lord Goddard CJ
Citations:
[1952] 1 All ER 634, (1952) 116 JP 200, [1952] 1 TLR 625, (1952) 96 Sol Jo 197, (1952) 50 LGR 520
Statutes:
Trunk Roads Act 1936, Highway Act 1864 47 48
Citing:
Cited – Harrison v Duke of Rutland CA 8-Dec-1893
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 11 May 2022; Ref: scu.460434
