A Treatise on the Railway and Canal Traffic Act, 1854, and on the Law of Carriers as Affected Thereby; with an Appendix, Containing Copious Reports of the Principal Cases Decided on the Act |
From inside the book
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Page 21
... interests of the companies , and the due transaction of their business , alike require that a reasonable amount of discretion should be reposed in them , and the courts seem disinclined to interfere unless a good ground of public incon ...
... interests of the companies , and the due transaction of their business , alike require that a reasonable amount of discretion should be reposed in them , and the courts seem disinclined to interfere unless a good ground of public incon ...
Page 22
... interests of the rail- way itself are entitled to consideration , 2. That due regard must be had to the cir- cumstances which cause the trouble or expense of carrying to the Company for one party , or in one case or set of circumstances ...
... interests of the rail- way itself are entitled to consideration , 2. That due regard must be had to the cir- cumstances which cause the trouble or expense of carrying to the Company for one party , or in one case or set of circumstances ...
Page 23
... interests of the Railway Company were to be taken into account in all cases , altho ' by so doing the questions before the court arising out of this act might assume a more complicated character ; -for instance if 1000 tons could be ...
... interests of the Railway Company were to be taken into account in all cases , altho ' by so doing the questions before the court arising out of this act might assume a more complicated character ; -for instance if 1000 tons could be ...
Page 27
... interests and the advantage of the public , cannot make particular bargains with particular individuals whereby one person is benefitted and another injured . Companies , altho ' they may , in some cases , consider cannot regard ...
... interests and the advantage of the public , cannot make particular bargains with particular individuals whereby one person is benefitted and another injured . Companies , altho ' they may , in some cases , consider cannot regard ...
Page 29
... the latter were held to af- ford no just ground for giving him preferential rates , S.C. 28 L.J. C.P. 69 . Altho ' the court will consider the fair interests Districts and diminish the natural ad- vantages of parties . 29.
... the latter were held to af- ford no just ground for giving him preferential rates , S.C. 28 L.J. C.P. 69 . Altho ' the court will consider the fair interests Districts and diminish the natural ad- vantages of parties . 29.
Other editions - View all
A Treatise On the Railway & Canal Traffic Act, 1854: And On the Law of ... George Brown No preview available - 2018 |
A Treatise on the Railway & Canal Traffic Act, 1854: And on the Law of ... George Brown (of Barnard Castle ) No preview available - 2019 |
A Treatise on the Railway & Canal Traffic ACT, 1854: And on the Law of ... George Brown No preview available - 2015 |
Common terms and phrases
18 Vict accommodation Act of Parliament advantage affidavits aforesaid alleged Barnstaple Baxendale Bristol C. J. COCKBURN Canal or Navigation Canal Traffic Act carriage of coals carrying coals Caterham cattle circumstances coal and coke collect and deliver collieries common carriers consignee conveyance conveyed cost Court or Judge damage declared defendants delivery distance Eastern Counties Eastern Counties Railway enacted enjoining Exch Forest of Dean forwarding ground horses Ipswich Kingston station Leeds liability London Lord Lonsdale loss or injury lower rate Mail Contractors Messrs Midland Railway miles Nine Elms Northern notice omnibus owner packed pany particular parties passengers Peterboro Pickford plaintiff Railway and Canal rate of charge reasonable receiving respect risk Ruabon Coal Company rule shew shewn South-Eastern Railway Companies special agreement special contract Stage Coach Proprietor statute Tolls trucks Twickenham station undue or unreasonable undue preference unloading Western R.C. Western Railway Company William Oxlade
Popular passages
Page xxvii - ... no such company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect whatsoever...
Page lxxxiii - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page lxxviii - ... being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things, as shall be adjudged by the court or judge before whom any question relating thereto shall be tried to be just and reasonable...
Page lxxvi - Railways or Canal or Railway and Canal Communication, or which have the Terminus, Station, or Wharf of the one near the Terminus Station, or Wharf of the other, shall afford all due and reasonable Facilities for receiving and forwarding all the traffic arriving by one of such Railways or Canals...
Page lxxvi - Every Railway Company, Canal Company, and Railway and Canal Company, shall, according to their respective Powers, afford all reasonable Facilities for the receiving and forwarding and delivering of Traffic...
Page 39 - ... terminus, station, or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding all the traffic arriving by one of such railways or canals by the other, without any unreasonable delay, and without any such preference or advantage, or prejudice or disadvantage, as aforesaid...
Page 19 - And whereas it is expedient that the company should be enabled to vary the tolls upon the railway so as to accommodate them to the circumstances of the traffic, but that such power of varying should not be used for the purpose of prejudicing or favouring particular parties, or for the purpose of collusively and unfairly creating a monopoly, either in the hands of the company or of particular parties...
Page xix - Provided also, that no special contract between such company and any other parties respecting the receiving, forwarding, or delivering of any animals, articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage...
Page lxxvii - ... carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and...
Page 14 - Pounds; unless the Person sending or delivering the same to such Company shall, at the Time of such Delivery, have declared them to be respectively of higher Value than as above mentioned ; in which Case it shall be lawful for such Company to demand and receive by way of Compensation for the increased Risk and Care thereby occasioned...