The Sun.
London, England, 1860-01-27 00:00:00

TELLERS.

3111nes, R. 3f.
James, Edwin

LAW INTELLIGENCE.—Ian. 26.

COURT OF COMMON PLEAS.
(Sittings in Banco, before Lord Chief Justice Erle,
and Justices Williams and Willes.)
APPLICATION FOR AN INJUNCTION AGAINST THE
EASTERN COUNTIES RAILWAY COMPANY.
This matter came before the Court under the
Railway and Canal Traffic Act.
Mr. Macaulay moved, on the part of the Colne
Valley Railway Company, for a rule calling on the
Eastern Counties Railway Company to show cause
why an injunction should not issue, enjoining them
to desist from obstructing the passage of the Colne
Valley trains on to and along the Stour Valley line
which was held on lease by the Eastern Counties
Company. The circumstances were—the Eastern
Counties line extended from London to Colchester,
the Stour Valley line from Colchester to Sudbury, and
the Colne Valley line from the Chappel station of the
Stour Valley line to Halstead; and the application was
substantially that the complainants might be aßowed
to work their line. The 21st section of the Colne
Valley Company's Act said that the railway should
" join and communicate" with the Stour Valley line
at the point of junction shown in the plan, and that
the junction works should be executed to the satis-
faction of the engineer of the Eastern Counties Com-
pany.
Mr. Justice Williams—What has the Eastern
Counties Company done in the way of obstruction ?
Mr. Macaulay—They have pinned down the
points. I believe that the Eastern Counties Com-
pany are afraid that this line, if used, will be found
so convenient that people will wish to extend it. in
the direction of the Great Northern, and thus tap
some of the Eastern Counties traffic.
Mr. Justice Williams—Do they keep the points
constantly closed ?
Mr. Macaulay—Constantly.
The Lord Chief Juitice—The enactment is that
the Coins Valley line should have a doorway into
the Eastern Counties line, but lonot see any
right of way
enactment that there should ilt d a
through the doorway. The Eastern Counties Com-
pany claim the right to shut the door.
Mr. Macaulay—The generalt act would give the
right
of going through, and in addition the Colne
Valley Act said that the line should " join and com-
municate" with the other. The junction has been
made to the satisfaction of the Eastern Counties
Company, though they did at ono time send down
500 navvies to
stop the works. Afterwards Colonel
Yolland, from the Board of Trade, went down to
inspect, but the Eastern Counties fastened the
points and would not let the engine pass.
Mr. Justice Williams—What portion of Mr.
Cardwell's Act do you intend to found your motion
on ?
Mr. Macaulay--No doubt Mr. Cardwell antici•
pated only obstructions during the working, but I
apprehend that the words of the statute will include
this case,
mr, justice Willes—As an "undue preference,"
or an " undue advantage."

The Lord Chief Justice—lf you choose you may

take your rule at your peril as to whether you are 1
within this act or not. This seems to be entirely
different from the ordinary ease of undue preference
or undue advantage.
Mr. Macaulay—That point has been considered.
Mr. Cardwell, no doubt, only considered obstruc-
tions in the working, but it would be hard to say
that because the obstruction was from the very be-
ginning there was no remedy.
Mr. Justice Willes—You had better take your
rule on both branches, as to undue preference, and
as to the right of working along continuous lines.
Rule granted.