The Manchester, Sheffield and Lincolnshire Railway Company v The Great Northern Railway Company

JurisdictionEngland & Wales
Judgment Date01 July 1851
Date01 July 1851
CourtHigh Court of Chancery

English Reports Citation: 68 E.R. 511

HIGH COURT OF CHANCERY

The Manchester, Sheffield and Lincolnshire Railway Company
and
The Great Northern Railway Company

9 HARE, 284. MANCHESTER, ETC., ELY. CO. V. GREAT NORTHERN ELY. CO. 511 [284] the manchester, sheffield and lincolnshire railway company v. the great northern railway company. June 24, 25, 28, July 1, 1851. A question of general law, arising out of circumstances which are likely to occur in other cases,' and the decision of which might affect the rights of other persons, is a case in which this Court may properly seek the opinion of a Court of law. A railway company having acquired a legal right to and possession of land, and constructed their railway over the same under the provisions of their Act, another railway company, to whom the Legislature had given power to purchase the same land for the purposes of their undertaking, was restrained by injunction from exercising such power pending the trial of the legal question of the effect of such conflicting powers. As to the effect of two Acts of Parliament conferring on different companies the right of purchasing compulsorily, according to the provisions of the Lands Clauses Consolidation Act, the same plot of land, quaere. The Defendants were empowered by the "Act for Making a Railway from London to York, with Branches therefrom, Providing for the Counties of Hertford, Bedford, Huntingdon, Northampton, Rutland, Nottingham, and the Three Divisions of the County of Lincoln, a Railway Communication with London and York, to be called 'The Great Northern Railway"' (stat. 9 & 10 Viet. c. Ixxi. local and personal), which received the Royal assent on the 26th of June 1846, and incorporated, in the usual way, the Companies Clauses Consolidation Act, 1845, the Lands Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation Act, 1845, to purchase compulsorily a piece of land belonging to the West Retford Hospital, for the purposes of the railway. The Plaintiffs, by the " Act for Making a Railway from the Proposed Sheffield and Lincolnshire Junction Railway to the City of Lincoln " (stat. 9 & 10 Viet. c. cccxix. local and personal), which [285] received the Royal assent on the 3d of August 1846, and incorporated the same general Acts, were empowered to purchase compulsorily the same piece of land which, in pursuance of such power, the Plaintiffs accordingly purchased and took in the month of May 1847. The Plaintiffs constructed their...

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2 cases
  • The Dublin and Drogheda Railway Company v The Navan and Kingscourt Railway Company
    • Ireland
    • Chancery Division (Ireland)
    • 18 March 1871
    ...South Wales Railway Company 14 Q. B. 902. The Manchester, Sheffield, and Lincoln Railway Company v. The Great Northern Railway CompanyENR 9 Hare, 284. The Great Northern Railway Company v. The East and West India Docks Company 7 Rail. Cases, 356. The Oxford, Worcester, and Wolverhampton Rai......
  • Stevens v Beattie
    • United Kingdom
    • Divisional Court
    • Invalid date

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