This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...upon the whole a convenience to the public, by facilitating the conveyance and lessening the price of coals, and by saving the turnpike road from wear, it was not indictable. But Lord Tenterden, C. J., said: " Supposing that doctrine to be sound, which I am not prepared to say, how does it apply in ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...upon the whole a convenience to the public, by facilitating the conveyance and lessening the price of coals, and by saving the turnpike road from wear, it was not indictable. But Lord Tenterden, C. J., said: " Supposing that doctrine to be sound, which I am not prepared to say, how does it apply in this case? Here is a road for carts bringing down coals to Swansea, and it is for the convenience of an individual, who sends coals there for sale, to make a railway along the public road for their conveyance in wagons. It is said, indeed, that all persons may use this railway who will pay for so doing, but no man has a right to tell the public, that they shall discontinue the use of such carriages as they have been accustomed to employ, and adopt another kind, in order to pass along a new description of road, paying him for the liberty of doing so." It will be observed here, that Lord Tenterden, without either admitting or denying the doctrine contended for, contented himself with simply pointing out its inapplicability; the other Justices, Parke, J., and Patterson, J., did not even give it a passing consideration. 234. In support of this doctrine, the counsel for the defendant in the above case relied very much upon the authority of Rex v. Russell.1 This was an indictment for obstructing the navigation of the River Tyne, by the erection of staiths on the river, for the delivery of coal into vessels. In his charge to the jury, Bayley, J., said: " The use of a public water is not for passage only, but for many other purposes, and many of those purposes are entitled to supersede the right of passage, and to narrow the right of passage to those parts which may not be requisite for greater and more beneficial purposes. Where there is a...
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