Diggle v The London and Blackwall Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 28 May 1850 |
| Date | 28 May 1850 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 193
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 6 Railw Cas 590, 19 L J Ex 308, 14 Jur 937 Not followed, Henderson v Australian Royal Mad Company, 1855, 5 El & Bl 109
[442] diggle v the london and blackwall railway company May 28, 1850,-A Railway Company, duly incorporated by Act of Patliament, entered into an agreement, not undet their seal, with a contractor that he should execute , certain worka upon their Railway, foi the purpose of changing the system of I locomotion which they then employed, the rope and stationary engine system, to I the ordinary locomotive principle The contractor, in pursuance of the agiee menfc, enteted upon the woiks, and peiformed a portion of them, but before they were completed he was dismissed by the Company -Held, that he could not recover the value of this wotk [S C 6 Railw Gas 590, 19 L J Ex 308, 14 Jur 937 Not followed, Ifendeibon v Australian Royal Mail Comi any, 1855, 5 El & Bl 109 ] Assumpsit for goods sold and dehveied, work, labour, and materials, iVc Plea, nop assumpsit, upon which issue was joined At the trial, before Pollock, C B , at the Middlesex Sittings aftei last terra, it appeared that the defendants were incorporated by stat 6 & 7 Will 4, c cxxin , fot majking and maintaining a railway ftom the Minoties to Blackwall By the 105th sedtion of that statute, the directors foi the time being supeiintend the attans of the Ex Div xi -7 l$4 DICOLE C THE LONDON AND BLACKWALL RLY CO 5 EX 443 Company, use the common seal, ,itid do all that the Company is empowered to do by the statute, except such things as die required to be done at some general or special meeting of the body , no meeting to consist of less than seven clnectois, and all matteis in discussion to be determined by the majority of votes By the 106th sect the directors are empowered to appoint committees to act foi them , and by the 107th, " all contracts and agreements in writing relating to the attaus of the Company, which shall be signed by any three of the directors of the said Company, shall be binding on the said Company and all other parties thereto, then lespective succe&sots, hens, executors, and administrators , and actions and suits may be maintained thereon, and damages and costs recovered by or against the said Company, or any of the other parties thereto falling in the execution thereof " The original mode of working the line was by means of stationary engines at each terminus, the engines moving the carriages by ropes attached to them In the year 1848, the Company resolved to substitute locomotive engines in the place of the stationary engines, and for that purpose, the following advertisement, signed by the secretary of the Company, was inserted in the newspapers - [443] " London and Blackwall Railway Company " "The Directors are prepared to receive tertdeia for relaying the permanent way, and altering the gauge of this Irne A section of the line, and a specific ition of the work requited, may bo seen at the office of the Company's engineer, No 11 Adam-street, Adelphi Tenders inclosed in sealed covets, and marked 'Tenders for Permanent Way,' are to be delivered at the oflices of the Company, London fet minus, Fenciiurch-sbreet, before 1'J o'clock on Monday, the 21st instant The Directors do not pledge themselves to accept the lowest tender " As much of the specification loferred to as is material, \va.s as follows -"The contract consists in taking up the old sleepeis, rails, chaiis, sheaves, and sheave-frames, and removing them and all other old materials, required by the Company's engineer to be so removed, to one of the termrtn to be hereafter decided on by the engineer, in the maintenance of all the woika fot two months after then entue completion to the satisfaction of the engineer, in loosenrng the whole of the ballast, and removing those portions that may be consideied nnht foi use, and providing additional ballast to alter the gradients to the level shewn on the section , in relaying the entire double line from the teiminiis at Fenehnrch-street to the terminus at Blackwall, and all sidings connected therewith, also the laying four teen switches and fourteen single crossings, together with the rails, chairs, kc , to foim through connection, providing all tools required in completing the \voik, the keys, and trenails, and also the carriage of materials to whatever point they may be required The Company undertaking to provide the rails, charts, sleepers, points, and crossings, and to dehvet them to the Contractor at Blackwall, &c " The plarntitf, by letter of the 19th of August, addressed to the Chairman and Directors of the Company, ottered to do the work, according to the...
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