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Frederick Walford.

A summary of the law of railways : with an appendix, including the three general consolidation acts with an analysis and notes; reports of proceedings before committees on railway bills, parliamentary practice, forms, etc. online

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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW



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SUMMARY

OF

THE LAW OF RAILWAYS:

WITH

AN APPENDIX,

INCLUDING THE

THREE GENERAL CONSOLIDATION ACTS

WITH ANALYSIS AND NOTES ;

REPORTS OF PROCEEDINGS BEFORE COMMITTEES ON
RAILWAY BILLS,

^arliamentatg practice,

FORMS, &c.



BY

FREDERICK WALFORD, ESa.

OF THE INNER TEMPLE, BARRISTER AT LAW.

SeconD ISUitfon.



BOSTON :
CHARLES C. LITTLE AND JAMES BROWN.

LONDON :

THOMAS BLENKARN.

18 50.



^



PREFACE



SECOND EDITION.



The general order and arrangement of the Second
Edition of this Work is the same as that of the
first ; so far, that is to say, as regards the body of
the Work, the principal difference between the
two Editions consists in the necessary enlargement
which some portions of the text have undergone,
in order to embrace more fully the many novel ques-
tions which the rapid growth of Railway Enterprise
during the preceding year has produced. The chap-
ter, in particular, which treats of the rights and
liabilities of the parties concerned in Companies for
the formation of Railways, such as allottees of
shares, provisional directors, and the like, has been
enlarged to the full extent deemed consistent with
the scope and limits of the work. Abstracts, more-
over, of many of the most important cases have been
introduced into the notes, by way of illustrating the
positions laid down in the text.

The main additions, however, are those which
have been made to the Appendix. Reports have
been given of the Proceedings of two of the most

important Committees of last Session, that on
a2



^JA QO.'^-Q



748f:



IV PREFACE.

Group (X) of Railways, (The London and York,
&c.), and that on Group (A), (The North Kent,
South-Eastern, &c.) These reports, it may be
proper to remark, are not intended to give a de-
tailed history of each day's proceedings, but to ex-
plain the general nature of the proceedings before
Committees, and the principal points of parlia-
mentary law or practice, which are likely to arise
in the course of them. In addition to this, there
has been introduced into the Appendix a Summary
of Parliamentary Practice, including the new Reso-
lutions of the two Houses, the Suggestions recently
issued by the Chairmen of Committees for their
guidance, a view of the question what constitutes a
locus standi to be heard before a Railway Committee
against a bill, and the grounds of opposition that
may be taken by opponents. Forms of Railway
Deeds have also been added, and a brief account of
the present functions of the Board of Trade in re-
gard of Railway Bills before Parliament. The Ap-
pendix concludes with some unreported cases re-
lative to the liabilities of Provisional Directors, and
the important case of Reg. v. The Great Western
Railway Company, touching the rating of Railways,
just reported.



4, King's Bench Walk, Temple,
April, 1846.



TABLE OF CONTENTS.



PAGE

INTRODUCTION 1



LIB. I.

Of Railways at Common Law.



Cap. I.

Of Railways made hy Owner of the Soil on his
own Ground



Cap. II.
Of Railways made in pursuance of Way Leaves, SfC.

1. Nature and Extent of Power conferred by Way

Leave, &c. . . . . . . . . . . 3

2. Rights and Liabilities of Owner of Railway con-

structed under Way Leave . . . • . . 7

3. Remedies relating to such Railways . . . . 8



LIB. II.
Of Railways by Statute.

Cap. I.

Of the Provisional Formation of a Railway Company
previous to an Act of Parliament, and of the
Powers, Duties, Rights, and Liabilities growing
thereout.

1. Of the Provisional Formation of a Company for the

making of a Railway .. .. .. ,. H



vi Table of Contents.

PAGE

2. Of the Powers, Privileges, and Incapacities of a Com-

pany for the making of a Railway in its Provisional
Slate .. .. 26

3. Of the Duties of such Company, and herein more par-

ticularly of the Sleps pieliminary to, and of the ob-
taining the Act of Parliament .. .. .. 35

4. Of the Riolits and Liabilities growing out of the above

state of things ,, .. .. .. .. 41



Cap, II.
Of the Act of Parliament.

1. Of the Validity of the Act 61

2. Of the Construction of the Act .. .. .. 62

I. Of the general Principles of Construction . . id.

II. Of the Principlesapplicable to particular Clauses 63
III. Of the Principles applicable lo the Construction

of several Acts relating to the same Company 65



Cap. III.
Of the Company, as constituted under the Act.
Part I. Of the Legality of a Railway Company .. 67

Part II. Of the Constitution of a Railway Company . . 68
Sect. 1. Of the Constitution of the Company generally . . id.
Sect. 2. Of the Company viewed in its external Relations 70

(1) Of the Mode of Action prescribed by its Act

to the Company .. .. .. id,

1. Of the Organs through which the Com-
pany must act .. .. .. id.

2. Of the Forms to be observed by the

Company in acting .. .. 72

(2) Of the Powers, Capacities, and Incapacities

of a Railway Company .. .. 74

1. Of the general Nature and Extent of

Powers of Company .. .. id,

2. Of their Suspension, Cesser, or Deter-

mination .. .. .. .. 127

3. Of their Revival, &c 133

(3) Of the Rights of the Company incidental

to such Powers .. .. .. .. 136

1. Rights in general .. .. .. id,

2. Rights in regard of particular Contracts

For Purchase of Lands .. .. 138

For Performance of Works .. 139

a3



Table of Contents. vii

PAGE

(4) Of the Duties and Obligations of a Railway

Company .. .. .. .. .. 148

(5) Of its Buithens 154

(6) Of its public Acts and Liabilities .. .. 160

1. Of Liabilities on Contracts .. .. id.

2. Of Liabilities in Tort 173

(7) Of Compensation 185

1. At what time Compensation to be made id.

2. In regard of what Interests .. .. 187

3. For what Injuries .. .. .. 191

4. Of the Proceedings to ascertain the

Amount of Compensation .. .. 198

Where Company the moving Party id.

Of the Notice to take lands . . id.

Of the Precept . . . . 200

Of the Inquisition .. .. 202
Where Owner of Land, &c. the

moving Party .• .. .. 208

5. Of moving for a new Trial, Certiorari,

&c 211

6. Of the Title id.

7. Of the Conveyance 212

8. Of the Purchase Money .. .. 214

9. Of the Costs 225

Sect. 3. Of the Company viewed in its internal Relations 234

(1) Of the Individual Shareholders .. .. id.

(2) Of the general Meetings of the Company . . 237

(3) Of the Directors 239

(4) Of the Officers, Servants, &c 246

(5) Of Bye Laws 247

(6) Of Registration 249

(7 ^ Of the Books, Records, &c. of the Company 251

Sect. 4. Of the Capital of the Company 252

(1) Of the Capital of the Company generally. . id.

(2) Of Shares 254

1. Of their Nature id.

2. Of their Incidents .. .. .. id.

Of their Capability of Transfer .. 255

Of their Liability to Forfeiture .. 274

(3) Of Calls 275

1. Of the Power of making Calls generally id.

2. Of the Corresponding Duty .. .. 276

3. Conditions precedent . . . . . . 277

4. Liability to Calls 279

Generally . . . . . . . . id.

Determination or Devolution of Liability 282

By Transfer 283

By Forfeiture 290

5. Requisites of Calls 291



viii Table of Contents.

PAGE

Cap. IV.
Of the Construction of the Railway .. .. 296



Cap. V.
Of the User of the Railway.

1. Of the User generally 298

2. Of the Right to Tolls 300

1. Of the general Nature and Extent of the Right to

Tolls id.

2. How it may be defeated . . . . . . . . 302

3. Of a Railway Company viewed as Carriers .. 303

1. Of Goods id.

2. Of Passengers 322



Cap. VI.

Of certain general Statutory Provisions for the Re-
gulation, 8fc. of Railway Companies, whereby their
Powers, Duties, Obligations, HfC. are more or less
extensively modified.

1. Of Powers of Supervision reserved to Board of Trade 330

2. Of Provisions for the Extension and Enlargement of

the Powers of Railway Companies . . . . 339

3. Of Regulations touching Matters of Police .. 342

4. Of Provisions qualifying and extending the Duties,

&c. of Railway Companies .. .. ,. 345

5. Of certain Conditions annexed to future Grants of

Parliamentary Powers for making of Railways . . 347



Cap. VII.
Of Remedies.

Part I. Of Remedies for or against Railway Companies. . 349
Sect. 1. Of Remedies for Railway Company against

Shareholders . . . . . . . , . . id.

1. At Law id.

2. In Equity 362



Table of Contents,



PAGE



Sect. 2. Of Remedies for Railway Company against

Strangers 363

1. At Law .. .. .. ,. .. id.

2. In Equity 366

3. Of Criminal Remedies 369

Sect. 3. Of Remedies for Individual Members of Rail-
way Company against Company .. .. 370

1. At Law . . . . .. .. .. id.

2. In Equity 371

Sect. 4. Of Remedies for Strangers against Company. . 377

1. At Law id.

2. In Equity 404

3. Of Criminal Remedies .. .. .. 421

Part II, Of liemedies between Individual Shareholders.. 423

1. At, Law . . .. .. ., .. id.

2. In Equity . . . . . . . . . . id.



APPENDIX.



Statutes.

Act to compel Clerks of ihe Peace for Counties and other
Persons to take the Custody of such Documents as shall
be directed to be deposited with them under tiie Stand-
ing Orders of either House of Parliament, 1 Vict. c. 83

Act to provide for the Conveyance of the Mails by Rail-
ways, 1 & 2 Vict. c. 98

Act to provide for the Custody of certain Monies paid in
pursuance of the Standing Oiders of either House of
Parliament by Subscribers to Works or Undertakings to
be effected under the Authority of Parliament, 1 & 2
Vict. c. 117

Act to amend an Act of the Fifth and Sixth Years of the
Reign of His late Majesty King William the Fourth re-
lating to Highways, 2 & 3 Vict. c. 45

Act for regulating Railways, 3 & 4 Vict. c. 97 . .

Act for the better Regulation of Railways, and for the
Conveyance of Troops, 5 &. 6 Vict. c. 55

Act to attach certain Conditions to the Construction of
future Railways authorized or to be authorized by any
Act of the present or succeeding Sessions of Parliament,
and for other Purposes in relation to Railways, 7 & 8
Vict. c. 85 . . J

a6



X Table of Contents — /Appendix.

PAGE

Companies Clauses Consolidation Act, 8 Vict. c. 16 . . liii
Operation of the Act, sect. 1.
Interpretation, &c. 2 — 4.
Form in which portions of Act may be incorporated

with other Acts, 5.
Clauses providing for the distribution of the Capital

into Shares, 6 — 13.
Transfer of Shares, 14 — 20.
Payment of Subscriptions and enforcement of Calls,

21-28.
Forfeiture of Shares for nonpayment of Calls, 29 — 35.
Execution against Shareholders to the extent of their

Shares not paid up, 36, 37.
Power to borrow Money, and Rights of Mortgagees,

&c. 38—55.
Conversion of the borrowed Money into Capital,

56—60.
Consolidation of the Shares into Stock, 61 — 64.
Application of Capital. 65.
General Meetings and Right of voting, 66—80.
Appointment and Rotation of Directors, 81 — 89.
Powers of the Directors, 90 — 91.
Proceedings of the Directors, 92 — 100.
Appointment and Duties of Auditors, 101 — 108.
Accountability of Officers, 109 — il4.
Keeping of Accounts and Right of Inspection by the

Shareholders, 115—119,
Making of Dividends, 120—123.
Making of Bye-laws, 124—127.
Proceedings for settling Questions by Arbitration,

128—134.
Giving of Notices, 1.35—139.
Proof of Debts in Bankruptcy, 140.
Tender of Amends, 141.

Recovery of Damages and Penalties, 142 — 158.
Appeal to the Quarter Sessions, 159, 160.
Access to Special Act, 161, 162.
Act not to extend to Scotland, 163.
Provision for recovering Calls against Shareholders

residing in Scotland, 164.
Alteration of Act, 165.

Lands Clauses Consolidation Act, 8 Vict. c. 18.. .. c

Operation of Act, sect. 1.

Interpretations, &c. 2 — 4.

Form in which portions of Act may be incorporated
with other Acts, 5.

Clauses regulating the Purchase of Lands by Agree-
ment, and enabling Parties having limited Interests
to sell and convey, 6 — 11.



Tahle of Contents — Appendix. xi

PAGE

Clauses regulating the Purchase of Lands for addi-
tional Accommodation, 12 — 15.

Clauses providing for settling Cases of disputed Com-
pensation either by Two Justices or by Arbitration
or by a Jury, 16 — 23.

]\Iethod of proceeding before Justices, 24.

Method of proceeding, &c., in case of Arbitration,
25-37.

Method of proceeding, &c., before a Jury, and Costs
oflnquiry, 38— 57.

Method of ascertaining Compensation to be made to
absent Parlies, 58 — 67.

Method of proceeding by Paity claiming Compensa-
tion from Company, 68.

Deposit and Application of the Compensation coming
to Parties having limited Interests, or prevented
from treating, or not making Title, 69 — 79.

Costs in cases of Money deposited, 80.

Form and Costs of Conveyances, 81 — 83.

Clauses regulating the Entry on Lands, 84 — 90.

Proceedings in case of Refusal to deliver Possession, 91.

Party not to be required to sell Part of House, 92.

Clauses providing for small Parcels of intersected
Land, 93, 94.

Clauses relating to Copyholds, 95 — 98.

Clauses relating to common Lands, 99 — 107.

Clauses relating to Lands in Mortgage, 108 — 114.

Clauses relating to Lands subject to Rent-charges,
115—118.

Clauses relating to Lands subject to Leases, 1 19 — 122.

Limit of Time for compulsory Purchase, 123.

Clauses providing for Cases where Interests in Lands
have been omitted to be purchased, 124 — 126.

Clauses providing for the Sale of superfluous Land,
127—132.

Land-tax and Poor's Rate to be made good, 133.

Service of Notices on Company, 134.

Tender of Amends, 135.

Recovery of Penalties, &c., 136 — 149.

Access to special Act, 150, 151.

Act not to extend to Scotland, 152.

Alteration of Act, 153.

Railways Clauses Consolidation Act, 8 Vict. c. 20 .. clvi
Operation of the Act, sect. 1.
Interpretation, &c., 2 — 4.

Form in which Portions of the Act may be incorpo-
rated with other Acts, 5.



xii Table of Contents — Appendix.

PAGE

Clauses relating to the Construction of the Railway,

6—24.
Drainage of Lands, 25 — 29.
Powers of the Company with regard to the temporary

Use of Lands during the Construction of the Rail-
way, 30—44.
Power to take Lands for additional Stations, &c., 45
Crossing of Roads and Construction of Bridges, 46

—62.
Screens for the Protection of Turnpike Roads, &c.

to be made, if required, by the Board of Trade,

63,64.
Repair and Construction of Bridges, &c. in certain

cases, 65, 66.
Notices. &c. by and to Board of Trade, 67.
Works for the Protection and Accommodation of

Lands near the Railway, 68 — 75.
Branch Railways communicating with the Railway,

76.
Workingof Mines under or near the Railway, 77 — 85.
Clauses regulating the Carriage of Passengers and

Goods, the Amount and Collection of Tolls, Sec.

86—107.
Power to make Bye-laws for regulating the Use of

the Railway, 108—111.
Clauses regulating the Exercise of Power to lease

the Railway, 112, 113.
Clauses relating to the Carriages and Engines to be

brought on the Railway, 114 — 125.
Provisions relative to settlement of Disputes by Arbi-
tration, 126—137.
Service of Notices on C^ompany, 138.
Tender of Amends, 139.

Recovery of Damages and Penalties, &c., 140 — 160.
Money paid into Bank of Ireland exempt from Usher's

Poundage, 161.
Access to special Act, 162, 163.
Act not to extend to Scotland, 164.
Alteration of Act, 165.

Act to restrict the Powers of selling or leasing Railways
contained in certain Acts of Parliament relating to such
Railways, 8 & 9 Vitt. c. 96, ccxvia.

Act to facilitate the Admission in Evidence of certain offi-
cial and other Documents, 8 &: 9 Vict. c. 113, ccxvifc.



Table of Contents — Appetidtx. xiii

Reports of Proceedings of Committees.

PAGE

Report of Proceedings of Committee of Session 1845 on
Group (X) of Railways .. .. .. .. ccxvii

Report of Proceedings of Committee of Session 1845 on
Group (A) of Railways .. .. .. .. ccxli



Parliamentary Practice.



.ccxlix
. cclxiv
.cclxxi
. ccci
. cccvi



I. Preliminary Proceedings ..
II. Provisions to be inserted in Railway Bills

III. Proceedings in the House of Commons

IV. Proceedings in the House of Lords
V. Evidence in support of Railway Project ..

YI. Of the Opposition to a Railway Bill, and the Evi-
dence adducible in Support thereof . . . . cccvii

VII. Proceedings relating to Bills re-introduced into Par-
liament during the present Session .. cccxxxii
VIII. Of the Costs .. .. .. .. cccxxxv

IX. Resolutions, &c. of the present Session relative to

Railway Bills .. .. .. .. cccxxxviii

X. Suggestions by Chairmen of Committees for Con-
sideration of Committees, Session 1846 . . cccl



Forms.

Parliamentary Contract .. .. .. .. ..cccliii

Subscribers' Agreement . . . . . . . . . . ccclvi

Notice to Owners and Occupiers of intended Application

to Parliament .. .. .. .. ccclxiv

Functions OF Board OF Trade .. .. .. ccclxv



MS. Cases, &c.

Rasirick v. Lambert . . . . . . . . ccclxviii

Vignoles v. Lefroy . . . . . . . . . . . . ib.

Stephen snn \.Rudge .. .. .. .. ccclxix

Beetham V. Cook .. .. .. .. .. .. ib.

Simon V. Fectnr . . . . . . . . . . . . ib,

Elkiiigtoii \. Fergusson and Avother .. .. ..ccclxx

Reg. \. Great Western Railway Co. .. .. .. ib.

INDEX ccclxxiii



LIST OF CASES.



PAGE

Adder's Cliarity, Exparte Trustees of, &c, ' .. .. 226

Agar V. The Regent's Canal Company .. 128, 405

Aldred and others v. North Midland Railway Company 98, 164
Aldridge v. Great Western Railway Company .. 182

Angell, Exparte .. .. .. .. .. .. 228

Arkwright, Exparte .. .. .. .. .. 271

Arniitage v. Grand Junction Railway Company . . . . 386

Arnold «. Mayor of Poole .. .. .. .. 137

Arnsby t;. Woodward .. .. .. .. ..43

Athorpe, Exparte .. .. .. .. .. 230

Atkinson D. Heaton .. ., .. .. .. .. 264

Alt. -Gen. v. Birraingham and Derby Railway Company 321
Att.-Gen. D. Eastern Counties Railway Company .. 88,101,

107, 411
Att.-Gen. v. Eastern Counties Railway Convpany and

Northern and Eastern Railway Company 65, 89, 133, 410
Att.-Gen. v. London and Southampton Railway Cou)-

pany .. .. 98, 100, 108

Att.-Gen. v. Manchester and Leeds Railway Company

107, 407, 408, 409

Atl.- Gen. «. Wilson 245,362

Audeline v. London and South Western Railway Company 305
Aylesbury Railway Company I). Mount .. 284,350,355

Aylesbury Railway Company D.Thompson .. 285, 360

Barnard I'. Wailis 4,10

Earned v. Hamilton .. .. .. .. .. 263

Barnesley Canal Company ». Twibell .. .. 121,406

Barrett 1). Stockton and Darlington Railw. Co. .. 64,301

Beckett v. Bradley .. .. 267

Beetham D. Cooke .. .. .. .. .. -.55

Bell V. Francis . . . . . . . . . . . . 57

Bell V. Hull and Selby Railway Company, 64, 101, 405, 407,

409, 410,411,412
Benson D. Hadfield .. .. .. .. .. 2H,373

Beverley D. Lincoln Gas Light and Coke Company .. 137

Bignold, Exparte " . . 270,271

Birmingham, Bristol and Thames Junction Railway Com-
pany «. Locke 282,290,355,358



XV i List of Cases.

PAGE

Birmingham, Bristol and Thames Junction Railway Com-
pany i;. White 252,362

Bishop u. North .. .. .. .. .. 79

Bishop (.f Durham, Exparte 229,230

Bishop of Ely, Exparte .. .. .. .. 229

Blain v. Agar . . . . . . . . . . , . 22

Blakeraorei'. Glamorganshire Canal Company 62, 74, 128, 129,

130, 131, 149, 382, 407, 408

Bligh u. Brent .. .. ,. .. .. .. 254

Bourne v. Freetli . . . . . . . . . . . , 2 3

Boxmoor, Exparte, Trustees of Waste Lands in re Birming-
ham Railway Coinpanv .. .. .. •• 232

Boyd V. Croydon Railway Company .. .. .. 378

Boys u. Pink .. .. .. .. .. .. 312

Bradley « Holdsworth 254, 2i7

Bridge r. Grand Junction Railway Company . . .. 386

Broughton v. Manchester Water Works Company .. 82

Brown y. Bamford .. .. .. .. •• 272

Bruce t). Willis 212,21)

Bull V. Morrell 246

Calder and Hebble Navigation Company v. Pilling . . 247

Garden V, General Cemetery Company .. •• 371

Carpue v. London and Brighton Railway Company. .325, 326,

379, 3B0
Cary v. Mathews .. .. .. .. .. 175

Calor V. Croydon Canal Company . . 188, 217, 2Si-^

Chadwick «. Clarke .. .. .. .. .. 43,44

Charitable Corporation I'. Sutton .. .. .. 245,246

Cheltenham and Great Western Union Railway Company v.

Daniel 282,357

Cheltenham and Great Western Union Railway Company v.

Fry . . . . . . . . . . . . . . 35 I

Cheltenham Railway Company I). Price .. .. 360

Child V. Hudson's Bay Company .. .. .. .. 247

Church W.Imperial Gas Light and Cole Company . . 137

Clarence Railway Company v. Great North of England,

Clarence and Hartlepool Junction Railway Company.. 84,

85, 89, 111, 130. 369,410

Clarke v. Imperial Gas Light and Coke Company 71, 73, Q>,

169, 243,25-2;
Coats t). Clarence Railway Company .. .. ..90

Colley r. Smith .. .. .. .. .. 44

CoUinson v. Newcastle and Darlington Railway Company, 99,

377

Colt V. Wollaston 22

Cook D. .Aylesbury Railway Company .. .. 179

Cooke, Exparte, in re Liverpool and Manchester Railway

Company . . . . . . . . . . . . S30



List of Cases. xvii

PAGE

Corporation of Trinity House, Exparte .. .. .. 232

Corrigali v. London and Blackwall Railway Company, 201, 202,

204, 208, 210, 219, 220. 227

Cory V. Norwich and Yarrnouth Railway Company 410,415, 416

Croinford Railway Company v. Lacey ..61, 67, 277, 279, 280,

282, 360
Cumming u. Prescott 242,268

Daly t;. Thompson 37,46,53,249,250

Dand t), Kingscote . . . . . . . . . . . . 4

Davis V. London and Blackwall Railway Company 181, 385
Decks V. Stanhope .. .. .. .. .. .. 424

Deere D. Guest .. .. .. .. .. .. 10

De Grave D. Mayor, &c. of Monmouth .. .. .. 162

Dewers v. Pike . . . . . . . . . . . . 246

Dickinson t), Valpy .. .. .. .. ..57

Dickman t). Blackwall Railway Company .. .. 181

Dobson, Exparte, in re Boult 268,270

Doe rf. Bryan V. Bancks .. .. .. .. ..43

Doe J. Fisher «. Roe .. .. .. .. .. 348

Doe d. Hutchinson v. Manchester, Bury and Rossendaie

Railway Company .. .. .. .. .. 216

Doe d. Myatt v. The St. Helen's and Runcorn Gap Rail-
way Company .. .. .. .. .. 126,244

Doe d. Payne v. The Bristol and Exeter Railway Com-
pany 78,129,134,206,217

Doe <i. Wawn D. Horn .. .. .. ., ..177

Doo V. London and Croydon Railway Company .. 163, 199
Draper u. Shurmer .. .. .. .. .. 303

Dudley Canal Company r. Grazebrook .. .. 120

Doubleday i;. Muskett .. .. .. .. ..56

Dun Navi;jation Company v. North Midland Railway

Company 135,405,406,407

Duncuft D, Albrecht 257,264

Duiidalk Western Railway Company v. Tapster .. 350, 356
Dunston i;. The Imperial Gas Light Company .. .. 242

Durham and Sunderland Railway Company v. Walker 4, 5, 8
Durham and Sunderland Railway Company v. Wawn 177, 367
Durham, (Bishop of), Ex parte .. .. .. 229,230

Eastern Counties Railway Company v. Cooke .. .. 356

Eastern Counties Railway Company v. Cooper .. 356

Eastern Counties Railway Company «. Fairclough .. 356

Eastern Counties Railway Company v. Tufnell .. 213, 233
Edger D. Knapp .. ,. .. .. .. ..44

Edinburgh and Dalkeith Railway Company v. Wauchope

63, 302
Edinburgh and Leiih Railway Company v. Dawson .. 350



xviii List of Cases.

PAGE

Edinburgh, Leith and Newhaven Railway Company v.

Hebblewiiite 290, 352, 354, 355

Edwards v. Grand Junction Railway Company .. .. 163

Elkington v. Fergusson . . . . . . . . . . 55

Ellison u. I3ignold 239

Elwell n. Grand Junction Railway Company .. 328,387

Ely, (Bishop of), Exparie 229

Eton College, (Provost of ), &c. Exparte .. .. 23'2

Eton College, (Provost of), &c. v. Great Western Railway

Company .. .. ,. .. .. .. 117

Evans V. Dublin and Drogheda Railway Company . . 384

Farrow v. Vansittart . . . . . . . . . . 4, 9

Fisher t). Thames Junction Railway Company . . .. 386

Fishmongers' Company y. Robertson .. .. .. 137

Foss V. Harbottle . . . . 35, 64, 162, 237, 239, 243, 424

Fowler i;. Churchill 272

Fox V. Clifton 22, 23

Fox V. Frith 246

Fyler i;. Fyler 250,251,274,290

Gardner, Exparte, in re The Eastern Counties Railway

Company .. .. .. .. .. .. 229

Gibbons ii. Waterloo Bridge Company .. .. 419

Gildart t). Gladstone .. .. .. .. .. 64,301

Gillon V. Boddington . . . . . . . . • • 382

Glascoti w. The Copper Miners Company .. .. 376

Goddard u. Hodges .. .. .. .. .. 43

Golden D. Manning .. ,. .. .. .. 308

Gordon v. Chelteniiam and Great Western Railway Com-



Online LibraryFrederick WalfordA summary of the law of railways : with an appendix, including the three general consolidation acts with an analysis and notes; reports of proceedings before committees on railway bills, parliamentary practice, forms, etc. → online text (page 1 of 74)