If the railway companies were not entitled to charge terminals for
the use of the stations, the insertion of such a clause in Acts
of Parliament would be meaningless; the intention of the clause
evidently was that the companies may not charge terminals in respect
of any intermediate station or junction, and the fair inference is
that they may do so at the sending or receiving station.[43]
[43] Hall v. L. B. & S. C. Railway. Manisty, J., L. R., 15 Q. B. D.
p. 544.
The equitable mature of the claim of the railway companies to make
terminal charges has been admitted on several occasions by some, if
not by all, of the railway commissioners. Their refusal to consider
terminal charges as legally justifiable has arisen only from the
doubt which existed in their minds as to the strict construction of
the words of the clauses; and that question has now been decided by
the Queen’s Bench Division in “_Hall_ v. _The London Brighton and
South Coast Railway Company_.” Some portions of the judgment of the
Court in that case deal only with the construction of the sections
of the particular Private Acts of the defendant company; but the
remarks of the Judges upon the general principles which govern
the railway companies, claim to make terminal charges, explain so
clearly their natural equity as well as their legality, that they
may not improperly be quoted:--
“This notion of the railway being a highway for the common use of the
public, in the same sense that an ordinary highway is so, was the
starting point of English railway legislation. It is deeply engrained
in it. In the early days of railways it was acted upon at least
occasionally, and in respect of goods traffic, and although it enters
but slightly into modern railway practice, _no proper understanding
of a good deal of our railway legislation, and pre-eminently of
clauses relating to tolls or charges, can be arrived at, unless it
is firmly grasped and steadily kept in view_. Those states of things
were from this point of view to be expected and to be provided for
by legislation. The company might be merely the owners of a highway
and toll takers for the use of it by other people with their own
carriages and locomotives. That state of things would be worked out
by the railway company possessing the mere line of railway from
end to end, and by the persons making use of it, buying or renting
contiguous land whereon to keep their rolling stock, and have their
offices, availing themselves of the powers of Section 76 of the Act
of 1845, and getting on to the railway by means of sidings connected
with the railway.
Public-domain text, read in full here on John Shaqi.
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