The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1875-07-13 00:00:00

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SUlT.—th the Court of Appeal in Chancery
on Monday, (before the Lords Justices of Appeal) we;
heard the case of "Churchill r. The Salisbury awl lie."
Junction Railway Company. and the London ~iel
South-Westeni Railway II ...pally.- This was an app,a
by the London and South-Western Railway Company, from
a deeree of Vice4iliacellor Bacon, by which, in effect, ;he
Routh-Western Company, now working the Somerset and
1 )erset Railway tinder a lease, were restrainwl from allow-
ing the line to be worked except in accordance with the
plaintiff's right to the stoppage of passenger and go.sh
trains at Ablerholt, in the ;Knish Cranhorne, Dowel.
The CHSO out of • contract entered into in by
which the plaintiff agreed in, sell to the Salisbury awl
Dorset Railway Company for tail), land at Ablerhoit
required for the construction of their line, on conglitionthat
the company would build a station at Ablerholk and stop
passengers and goods trains at the siaitnn when bunt,
I Litigation ensitea between the ',inlaid and the Salisbury
1 ( 'ompany in reference to carrying out this contract, and it
March, NB, Vice-Chancellor James decnied the excution
by plaintiff of a conveyance to the Salisbury Company .4
the latel comprised in the imereentent, with covenant by
the company to erect., awl Mug as the line should
remain open for traffic, t p inanitnin and keep a Mat. at
All rhdts at whh.h the trains pa-wing awl repassing over
the line sliliabli stop far passengers and goods. The ont.
veyanee containing this col enant Wa.4 I,Xorllte.i l.y the
Salisbury Company and plaintiff, hut the Macau/It
station nciliained utibuilt. Ender Acts of Parhanent
passed in ltel7 awl 1573, the London and South•Wwtern
Company
were etanowered to take a lease of the Salisbury
and lorset line for 1,1551 years, awl work it. The plaintiff
in May. P 173, :ilea his MIL to which I.th the rampant"
were made teirties, to compel the conatructioa and
maintenance of the station. In Marl, last Vice-I 'bawdier
Bacon, holding that the Soutli-Western Company acre
necexsary and proper parties to the snit, and subject t nen
the liabilities obligations in connection with the working
of the line insistea on by plaintiff, granted an juju:pain
restraining the South-Western C many front 'diming
the Salisbury Railway to renain without a station f.e
wissengew and goods at Ablerholt, areoraing t. the
terms iif the covenant eontainea in the conven.ion to the
saliantry pony of June, the operation .4 the
injuneilnif betue stispendea for three montlw, in ..r.ler that
the Salisbury pany (who did not deny theiroldigationy
might have time to, en,,q the stat' . From its. dos,
the Soutli-Weaern 1 'onawiny had appealed.—Mr. Ls,*
Weld, and Mr. Ran-lee appearea ill sapped of themes d ;
Mr. Etioh4,l/.11.. aiel Mr. Benda. f its I i aer for the
and Mr. C.. 1. Millar for the Salisteiry Company. --Lord
Justice James wiw -edition CI tio WI-it-over
made aglinst the ',whin and Settle-Western Railway
romp-my it, referenct to the "Wiz:aim" to erect a clot
upon the pi: t i ttt iirs lana, altle nigh when the station await
have been meted they woula Is, Isattel st..f, the trains
at such sLition in workitig the hoe, accoraing i, tl.eir
agreement with the S ilishary awl sittneet to
I;he obligati a and liabilities .4 that company. The order
of the Vlee-Chaucellor awl as it WU
! admitted that the S.eitli-W,•st,•rii thinipaity ha•l toss•jva
from the Salisbury ',loamy tine nn-by for the constrin ti-la
I of the station, nisei their undertaking to construct the
station within six tweak-, (row the :it'. June, then. would
Is, no further ,Ir., eteept that I•lmliii friy the
the Solltil-We4.•ra Company, awl have theta over against
the Salisbury Con/Paill-