A Digest of the Reported Decisions of All the Courts; Including a Selection from the Irish, with a Collection of Cases Overruled and Impeached, and References to the Statutes, Rules and Orders of Court
A Digest of the Reported Decisions of All the Courts; Including a Selection from the Irish, with a Collection of Cases Overruled and Impeached, and References to the Statutes, Rules and Orders of Court
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...company, but had not then bcen used for their works. Part of the remainder was bought by the defendants after the construction of the sewer, but no part of the land was the plaintiffs', or had ever bcen granted to them. The local act not only authorised the plaintiffs to make the sewer, but vested it in them, with the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...company, but had not then bcen used for their works. Part of the remainder was bought by the defendants after the construction of the sewer, but no part of the land was the plaintiffs', or had ever bcen granted to them. The local act not only authorised the plaintiffs to make the sewer, but vested it in them, with the duty to repair it, without, however, giving them any express right of access thereto. In 1863 the defendants, in exercise of the powers conferred on them by their special act, with which was incorIuirated the Railway Clauses Consolidation Act, 1845, constructed an embankment over the sewer which, though it made it less easy, did not prevent the plaintiffs getting access to the sewer in order to repair it. The plaintiffs being obliged afterwards to repair and having incurred extra expense in doing so in consequence of such embankment, claimed compensation from the defendants under s. 68 of the Lands Clauses Consolidation Act, 1845, and s. 6 of the Railways Clauses Consolidation Act, 1845, for injuriously affecting the plaintiffs' interest in the sewer: --Held, by the Qucen's Bench Division, that the plaintiffs had no interest in land within the meaning of the Lands Clauses Consolidation Act, 1845, s. 68, and therefore could not maintain the claim to compensation: --Held, by the Court of Appeal, that as a right of access to the sewer had not bcen expressly given by the local act but had to be implied, the right of access which ought to be implied was not any particular mode of access, but such only as was reasonably necessary for enabling the repair of the sewer to bo done, and as that had not bcen prevented by the defendants' embankment, but only rendered less easy and convenient, the plaintiffs had no right to compensation. Birhenkead (Mayor) v....
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