W C Penny and the South Eastern Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1857 |
| Date | 07 May 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1390
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 26 L. J. Q. B. 225; 3 Jur. N. S. 957; 5 W. R. 612. Discussed, Brand v. Hammersmith and City Railway, 1865-69, L. R. 1 Q. B. 145; L. R. 2 Q. B. 244; L. R. 4 H. L. 201; R. v. Halifax Corporation, 1866, 14 L. T. 448. Approved, Ricket v. Metropolitan Railway, 1867, L. R. 2 H. L. 187. Referred to, R. v. Metropolitan Board of Works, 1869, L. R. 4 Q. B. 363. Discussed, Buccleuch v. Metropolitan Board of Works, 1870-72, L. R. 5 Ex. 231; L. R. 5 H. L. 418; City of Glasgow Railway v. Hunter, 1870, L. R. 2 H. L. (Sc.) 85; M'Carthy v. Metropolitan Board of Works, 1873-74, L. R. 8 C. P. 194; L. R. 7 H. L. 261. Applied, Lyon v. Fishmongers' Company, 1876, 1 App. Cas. 680. Discussed and applied, In re County Mayo Presentment, [1898] 2 Ir. R. 738. Referred to, Edinburgh and District Water Trustees v. Clippens Oil Company, 1902, 4 F. (H. L.) 48; In re Ned's Point Battery, [1903] 2 Ir. R. 201.
[660] in the matter of W. C. penny and the south eastern railway company, Thursday, May 7th, 1857. Compensation cannot be claimed under the Lands Clauses and Railways Clauses Consolidation Acts, 1845 (8 & 9 Viet, c. 18, and 8 & 9 Viet. c. 20), for deterioration in the value of property adjoining a railway, by reason of the premises being overlooked by persona on the railway and railway platform.-Actual injury to premises from the vibration caused by ballast trains &c. on the railway, during the construction of the works, is a ground for compensation under these statutes; but, per Lord Campbell C.J., not injury from that cause after the construction of the railway.-Where a jury, summoned under stat. 8 & 9 Viet. c. 18, s. 68, have taken into consideration, in awarding compensation, one claim, among others, as to which they had no jurisdiction, a certiorari lies, although such excess of jurisdiction does not appear upon the face of the proceedings.-Such excess of jurisdiction may be shewn upon affidavit. [S. C. 26 L. J. Q. B. 225; 3 Jur. N. S. 957 ; 5 W. R. 612. Discussed, Brand v. Hammersmith ami City Railway, 1865-69, L. R. 1 Q. B. 145; L. R. 2 Q. B. 244; L. R. 4 H. L. 201; R v. Halifax Corporation, 1866, 14 L. T. 448. Approved, Ricket v. Metropolitan Railway, 1867, L. R. 2 H. L. 187. Referred to, B. v. Metropolitan Board of Works, 1869, L. R. 4 Q. B. 363. Discussed, Buccleuch v. Metropolitan Board of Works, 1870-72, L. R. 5 Ex. 231; L. R. 5 H. L. 418 ; City of Glasgow Railway v. Hunter, 1870, L. R. 2 H. L. (Bo.) 85; M'Carthy v. Metropolitan Board of Works, 1873-74, L. R. 8 C. P. 194; L. R. 7 H. L. 261. Applied, Lyon v. Fishmongers' Company, 1876, 1 App. Cas. 680. Discussed and applied, In re County Mayo Presentment, [1898] 2 Ir. R. 738. Referred to, Edinburgh and District Water Trustees v. Clippens OH Company, 1902, 4 F. (H. L.) 48; In re Ned's Point Battery, [1903] 2 Ir. R. 201.] Wilde, in last Easter Term, obtained a rule calling on W. C. Penny to shew causa why a oertiorari should not issue to remove into this Court an inquisition taken before 7 EL. ft BL Ml. RE PENNY the sheriff of Kent, or his deputy, by virtue of a warrant under the seal of The Sooth Eastern Railway Company to the said sheriff, directing him to summon a jury, under the provisions of The Lands Clauses Consolidation Act 1845, to determine whether certain lands of the said W. C. Penny had been injuriously affected by the execution of the works of the said Company, and what compensation, if any, the said W. C. Penny was entitled to against the said Company ; and the verdict and judgment given upon the said inquisition. From the affidavits in support of the motion it appeared that, by stat. 9 & 10 Viet, c. cccv.(o), The South Eastern Railway Company were empowered to construct a railway, called The North Kent Railway. [661] The special Act, by sect. 2, incorporated with it the "several provisions of" The Lands Clauses Consolidation Act, 1845, aud The Railways Clauses Consolidation Act, 1845, "so far as the same may be applicable." The North Kent Railway was duly constructed by the Company, under the provisions of the said Acts, and was opened for public traffic in July, 1849. It passed near to certain lands and premises of W. C. Penny, at Lewisham; but no part of them was taken or used for the purposes of the railway. On 21st April 1856, Penny served on the Company notice and particulars of his claim for compensation "for damage and injury done or caused to be done and which will hereafter arise and be occasioned to the property of the said W. C. Penny, by the exercise by the said Company of the powers conferred on the said Company by the several Acts of Parliament relating thereto, and by the execution by the said Company of the worka connected with the said railway, and by the working of the said railway by the said Company, and consequential thereon." The particulars described the property, and...
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