The Queen against The Inhabitants of Derbyshire
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 290
IN THE QUEEN'S BENCH
S. C. 2 G. & D. 97; 11 L. J. M. C. 51. 6 Jur. 483.
[745} the queen against the inhabitants of derbyshire. 1842. A structure, 1276 feet in length, consisted of forty two arches, divided, at some points, by a stone causeway, at others by the piers only. A common highway passed over it. A river flowed constantly under five of the arches at one end of the structure; a brook flowed constantly under .an arch at the opposite end. The other arches lay across meadow land; the water flowed under all of them in times of flood ; and under most of them there was stagnant water at all times. The county had itnmemorially repaired the whole structure, and had rebuilt and widened several of the arches under which there was no constant stream. Parts of the whole structure, other than the five arches, had been presented at different times, under the name of S. Bridge, by the grand jury, as out of repair, and repaired thereupon by the county. Held that, upon these facts, the whole structure must be deemed a bridge, repairable by the county; there being no general rule of jaw that arches, under which there is not a constant running stream, cannot form a part of a county bridge. [S. C. 2 G. & D. 97; 11 L. J. M. C. 51 ; 6 Jur. 483.] Indictment. The first count charged that, on, &c., there was, and from thence hitherto hath been, and still is, a certain common and public bridge, commonly called Swarkestone Bridge, situate in the parish of Stanton by Bridge, in the county of Derby, in Ihe common Queen's highway leading from the town of Derby, in the county aforesaid, towards and unto the town of Ashby de la Zouch, in the county of Leicester, being a common highway for all the liege, &c., on foot, and with their horses, coaches, carts, &c., to go, return, &c., upon and over, every year at all times, &c.: and the same, during all the time aforesaid, of right ought to have been used, and still of right ought to be used, by all the said liege, &o., for the purposes in that behalf aforesaid : and that the said common and public bridge, on the day and year aforesaid, and continually from thence until the day of the taking of this inquisition, at, &c., was, and yet is, ruinous, &c., for want of needful and necessary upholding and repairing the same, so that the liege, &c. in, upon, and over the said bridge, on foot (a) Stat. 5 & 6 W. 4, c, 76, s. 17. 2&B.7M. THE QUERN V. DERBYSHIRE 291 and with horses, &c., could not and cannot pass, &c., without great danger, &c., as they ought and were accustomed to do, and still, &e.: to [746] the great damage and common nuisance, &c., and against the peace, &c.: and that the inhabitants of the county of Derby aforesaid of right have been, and still of right are, bound to repair and amend the aaid common bridge when arid so often as it shall be necessary. The second count charged a similar liability and want of repair as to parts of an immemorial common and ancient Queen's highway within 300 feet of a certain public bridge. The third and fourth counts contained similar charges as to other parts of an immemorial common and ancient Queen's highway, being severally within 300 feet of a public bridge. Fifth count. That, from time whereof, &c.f there was, and yet is, a common and ancient Queen's highway, leading from, &c. towards, &c., used for all the liege, &c., with their horses, coaches, carts and carriages, to go, &c.; and that a certain part of the same, &c., situate, &c. in the parish, &c., beginning at 300 feet westward from a certain river called the Trent, and so continuing westward towards, &c., for the length of 876 yards, and being of the breadth of eighteen feet, on, &c., and continually afterwards and until the day of the taking of this inquisition, was, and yet is, in great decay, &c., to the great damage and common nuisance, &c.: and that the inhabitants of the whole county of Derby aforesaid have, from time whereof, &c. hitherto, been used and accastomed, and have of right repaired and amended (sic), the said public highway, when and so often as it was necessary, and still of right ought, &c. Plea, not guilty. Issue thereon. [747] On the trial, before Lord Abinger C.B., at the Derbyshire Summer Assizes, 1839, a verdict was found for the Crown, subject to the opinion of this Court upon the following case. The structure which forms the subject matter of the several counts of the indictment is about 1275 yards in length, lies wholly in the county of Derby, and extends from the village of Swarkestone on the east bank of the river Trent, westernly, towards the village of Stanton by Bridge, both in the county of Derby : and the said structure is situate as...
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