North British Railway Company v Budhill Coal and Sandstone Company and Others
| Jurisdiction | England & Wales |
| Judgment Date | 15 November 1909 |
| Judgment citation (vLex) | [1909] UKHL J1115-1 |
| Court | House of Lords |
| Date | 15 November 1909 |
[1909] UKHL J1115-1
House of Lords
After hearing Counsel, as well on Thursday the 1st, as Friday the 2d, and Monday the 5th, days of July last, upon the Petition and Appeal of the North British Railway Company, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 22d of June 1907, and also an Interlocutor of the Lords of Session there, of the Second Division, of the 24th of November 1908, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of the Budhill Coal and Sandstone Company, William Meek, John Loudon, James Loudon, William Mather, Reston Mather, James Mather and the Budhill Coal and Sandstone Company, Limited, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Interlocutors complained of in the said Appeal, except in so far as they relate to the First, Third, and Fourth findings contained in the said Interlocutor of the Lord Ordinary, of the 22d June 1907, be, and the same are hereby, Reversed, and that, in so far as they relate to the said findings, the said Interlocutors be, and the same are hereby, Affirmed; and it is Declared (First), That the Appellants, as proprietors of the following lands at and adjoining Shettleston Station, in the Parish of Shettleston, and in the County of Lanark, namely, (1) the lands extending to 5.520 acres or thereby, delineated and coloured brown and marked No. 1 on the Plan, No. 7 of Process; (2) the lands extending to 0.070 acre or thereby, delineated and coloured crimson, and marked Nos. 2 and 2A on the said Plan; and (3) the lands extending to 0.551 acre or thereby, delineated and coloured red and marked No. 4 on the said Plan, are proprietors of the soil, clay, sand and sandstone which at the date of the commencement of this action, viz., 14th December 1906, lay in, under, or upon the said lands, and which were at...
To continue reading
Request your trial
-
John Summers & Sons Ltd v Frost
...only refer, by way of example, to Lord Loreburn's observation in North British Railway Company v. Budhill Coal and Sandstone Company [1910] A.C. 116 at page 127: "When an Act of Parliament uses a word which has received a judicial construction it presumably uses it in the same sense", 35 an......
-
WB (a protected party through her litigation friend the Official Solicitor) v W District Council
...on this appeal, and would not be a question for this Court). Lord Loreburn LC in North British Ry v Budhill Coal and Sandstone Co [1910] AC 116 at 127, described the principle as a presumption that the term was being used in the same sense. In other cases, judges have held that Parliament i......
-
Barras v Aberdeen Steam Trawling and Fishing Company
... ... 49 In that case a British ship in the course of a voyage for which a ... steam trawler to be employed "fishing trawl North Sea Shetland West Coast and Faroe" from the 4th ... to some of its terms by definition and to others by accepted usage or judicial decision. The ... Railway v. Bridhill etc. Co. 1910 A.C. at p. 127 ) ... ...
-
David Heneage Wynne-Finch v Natural Resources Body for Wales
...with the test suggested by James LJ in Hext v Gill, L. R. 7 Ch. App. 699, 719 and approved by the House of Lords in the Budhill case [1910] AC 116. The common link between the three categories of persons referred to by James LJ is, I think, that they are all persons who may ordinarily be ex......