Tube, Train, Tram, and Car; or, Up-to-date locomotionBeavan, Arthur H. (Arthur Henry)
History
Tube, Train, Tram, and Car; or, Up-to-date locomotion
Beavan, Arthur H. (Arthur Henry)
Electric automobiles; Electric railroads; Street-railroads -- England -- London
After expert evidence had been given, the Hon. A. Lyttelton, K.C., for
the railway company, said it was ridiculous to assert that the Company
had committed an act of trespass. They disputed the claimant’s alleged
ownership to land sixty-five feet below his premises, and were
determined to fight the question in the courts, inasmuch as it was one
which affected the whole of the electric tube railways in London.
One witness called on behalf of the Company said that the damage to the
property could be remedied by the expenditure of a ten-pound note.
The Under-Sheriff said that an important feature of the case which the
jury had to decide was whether the claimant was the owner of the
subsoil. As such he would be entitled to compensation for any vibration
that might occur when the railway commenced to run in about two years’
time. He left it to the jury to decide their verdict under two heads,
namely, “what damages had at present been sustained,” and, “what damage
was likely to accrue through vibration.”
After a brief deliberation the jury awarded £357, in one sum, as
damages.
On the 6th of February of the present year, before Mr. Justice Ridley
and a special jury, the hearing was resumed of the case in which Mrs.
Dawson, a widow, carrying on the business of a draper at the junction of
City Road and East Street, sued the Great Northern and City Railway for
£10,000 damages, alleged to have been caused by the tunnelling
operations in the vicinity of her premises. The claim included some
£4,000 which it is estimated it would cost to put the buildings in a
proper state of repair, and £5,000 representing loss of business during
the time it would take to complete the work of reinstatement.
The jury returned a verdict for the plaintiff under the following heads:
Amount for taking the subsoil occupied by the tunnel, £50; structural
damage, £2,000; damage to trade and stock, £2,100; total, £4,150.
Mr. Dobb asked that judgment should be entered.
Mr. McCall thought the judge had no power to enter a judgment of the
High Court because the proceedings were in the form of an interpleader
action.
Mr. Justice Ridley said he would give judgment in the sense in which the
word was used in the Lands Clauses Act.
Judgment was given accordingly.
At a meeting of the Auctioneers’ Institute held last year, Mr. G. M.
Freeman, K.C., speaking on this subject, pertinently remarked that
various questions were likely to arise between the promotors of the new
order of underground railway and the owners of adjacent property, and he
gave it as his opinion that the assertion that no possible damage would
be caused, had not been wholly verified, and that the rights of
compensation to persons equally injured ought not to depend upon whether
a piece of the subsoil under the street was or was not appropriated. In
his judgment, all owners who could prove damage done by the construction
or working of an underground railway, should have the same title to
compensation.
VIBRATION
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