The owners of lands along the banks of canals were entitled to
construct, in connection with them, wharves, basins and warehouses;
and we find in the earlier railway Acts, and in the Railways
Clauses Consolidation Act 1845 (subject to which all railways since
that date have been, constructed), similar powers with respect to
railways conferred upon adjoining owners. They were authorised
to construct sidings and junctions for the purpose of making
communications between their own lands and the railway. It was
intended that a trader should load his wagons on his own premises,
carry them over the railway and take them off the railway again at
another siding or communication, paying the railway company a mere
toll for the use of the length of line over which the traffic was in
fact worked. Nor was this a mere theory. For many years upon some
of the railways in this country the work of carrying merchandise
was, to a considerable extent, actually performed by large firms
of carriers, such as Pickfords, and others, who provided their
own siding accommodation with the railways, and built or rented
their own stations and warehouses. During this period the railway
companies, so far as this part of their traffic was concerned,
merely provided the highways, the wagons and the engine power, and
hauled the traffic from its place of origin to its destination; and
they undertook no responsibility as common carriers in respect of
the goods. The carriers provided the station accommodation, loaded
and unloaded the goods, checked and weighed them, and handed over
the loaded or unloaded trucks to the railway company in a convenient
position for the engine to be attached to them. Of course, the
carriers, who undertook all liability as such, charged the public
not only the tolls which they paid to the railway company, but also
a considerable additional sum to cover the risk of their Common
Law liabilities, the cost of providing station and warehouse
accommodation, clerkage and invoicing of goods, and other services
beyond the haulage of the trucks.[42] Upon some lines the state
of things which we have described existed for many years. But
gradually the railway companies began to undertake the duties and
responsibilities of carriers. They purchased or built, often at
enormous expense, the necessary terminal accommodation which, under
the previous system, had been provided by private carriers; and
they made to the public charges similar to those which the carriers
themselves had before made for corresponding accommodation and
services. The companies raised the large sums required to furnish
this accommodation and for their working capital as carriers, upon
the faith that they were entitled to stand in all respects, in the
place of the carriers or forwarding agents, and to make reasonable
charges for accommodation and services not covered by, and obviously
having no relation to, the mileage rates for simple haulage from
point to point.
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