Reports of All the Cases Decided by All the Superior Courts Relating to Magistrates, Municipal, and Parochial Law Volume 20; (Reprinted from the Law Times Reports.) (Paperback)

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. 1903 Excerpt: ...arch, so that the brickwork fell in, and by means of ballast and other materials made good the roadway. This did not satisfy the council, who said that the use of ballast was improper, and contended that concrete should have been used. They accordingly brought an action against the company, claiming a declaration that they, as the urban authority, might properly cause the arch, vault, or cellar constructed by the defendants under the carriage-way of Fisher street to be altered, pulled down, or otherwise dealt with as they (the urban council) should think fit. They claimed to be entitled to remove the whole structure, including the concrete flooring with the pipes and wires. The council had powers authorising them to supply electricity, but they were not prepared to supply it on the polyphase system which the company required. The company brought a cross-action in which they claimed an injunction to prevent the council from cutting, disturbing, or injuring their pipes or electrical wires. An interim injunction was granted on motion by Buckley, J. The two actions came on for trial together. Robson, K.C. and R. J. Parker for the council.--They have not complied with our notice to remove the tunnel. The danger to the carriageway is increased by their action in using ballast. Under our powers as sanitary authority we are entitled to remove everything they have placed under the road. At some future time we may require to lay down drains in Fisher-street, and if we do not do so, they may say we have loct our right. The concrete flooring is part of the arch, and it contains the pipes and wires. We have a discretionary right under the Act, and are the sole judges of the manner of exercising it, in the absence of mala fides. Cripps, K.C. Macmorran, K.C. and Gatey wit...