Gaussen v The Lower Bann Navigation Trustees
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1929 |
| Date | 01 January 1929 |
| Court | Court of Appeal (Northern Ireland) |
Drainage - Awards made under statutory powers for the promotion of the drainage of lands and the improvement of navigation - Works of navigation -Liability for maintenance of works - Construction of statute and award long acquiesced in - 5 6 Vict. c. 89, ss. 3, 4, 8, 53, 54, 56, 106, 119, 120, 159 - 18 19 Vict. c. 110, ss. 5, 14 - 19 20 Vict. c. 62, ss. 1-5, 15, 24, 25, 26, 29.
In the year 1788, the predecessors in title of the plaintiff erected a pier at "B" on Lough N.to facilitate the work of loading and unloading lighters. In 1858, under statutory authority, the water level of Lough N. was lowered, the pier was extended, and the approaches by water to the pier were dredged. In Schedule B to an award made under statutory authority in 1859 and entitled "Navigation undertaken in connection with drainage" were set out the works executed in the district of Lough N.which were to be maintained as works of navigation. No mention was made in this award of the pier or the approaches thereto. In Schedule B to a second award made in the same year, were set out the several works which had been completed for the drainage and improvement of lands within the district of Lough N., including works of navigation and works in connection therewith. In Schedule B (a) to this award were set out the works for the maintenance whereof as works of drainage, trustees were to be appointed. Amongst the works specified in Schedule B as having been completed were the extension of the pier, and dredging the approaches thereto. No reference to these works was contained in Schedule B (a). The navigation and works belonging thereto in that portion of Lough N. in which the pier at "B"is situate are now vested in the defendants, who were incorporated under the provisions of 19 & 20 Vict.. c. 62. The defendants until 1911 carried out the necessary dredging operations, but in that year they ceased to do so, and have since repudiated all liability therefor on the ground that the navigation award contained no reference to same. In an action by the plaintiff against the trustees for a declaration that they were liable to keep the entrance to the pier in a navigable condition. Held, by the Court of Appeal (Andrews and Best, L..J.J.), reversing the judgment of Brown, J., that the defendants were liable to maintain the pier and approaches thereto in a proper and effective navigable condition. Where there is a doubt as to the...
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