Corporation of Glasgow v Caledonian Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 11 November 1908 |
| Docket Number | No. 3. |
| Date | 11 November 1908 |
| Court | House of Lords |
Ld. Chancellor (Loreburn), Lord Ashbourne, Ld. Robertson.
RailwayRoadBridge carrying public highway over railwayPublic HighwayBridge Maintenance of RoadBurghCounty area annexed to burghConversion of county roads into public streetsSubstituted road Railways Clauses Consolidation (Scotland) Act, 1845 (8 and 9 Vict. cap. 33), sec. 39Glasgow Police Act, 1866 (29 and 30 Vict. cap. cclxxiii.), secs. 310 and 316City of Glasgow Act, 1891 (54 and 55 Vict. cap. cxxx.), sec. 35.
The Railways Clauses Consolidation (Scotland) Act, 1845, sec. 39, enacts that where a line of railway crosses any turnpike road or public highway either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge and such bridge, with the immediate approaches and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expense of the [railway] company.
A railway company, in virtue of powers conferred on them by special Acts, which incorporated the Railways Clauses Consolidation (Scotland) Act, 1845, constructed a line of railway through a county district, and where that line crossed public highways they carried these highways over the railway by means of bridges, in terms of sec. 39 of that Act. For this purpose they diverted where necessary the former course of the highways and substituted therefor new portions of road, in virtue of provisions to that effect in their special Acts, which further provided that such new portions of road should, as respects maintenance, be subject to the same provisions as the existing roads for which they were substituted. Subsequently the county district was annexed to the city of Glasgow, and in virtue of the provisions of the various City of Glasgow Acts these highways became vested in, and for all purposes of administration, including maintenance, were transferred to the city authorities. They were thereafter causewayed and entered in the Register of Public Streets.
In an action by the City for declarator that the railway company were bound to maintain the roadways over these bridges and approaches thereto, held (aff. judgment of First Division) (1) that the words public highways in sec. 39 of the Railways Clauses Consolidation (Scotland) Act, 1845, included public streets in a burgh as well as county roads; (2) that it did not apply to a road which was not a highway when the...
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