The Sun.
London, England, 1835-01-19 00:00:00

ROLL'S COURT.-SATURDAY.

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THE LONDON AND BIRMINGHAM RAILWAY COMPANY V.

THE GRAND JUNCTION CANAL COMPANY.

This was a motion by the London and Birmingham Rail-
way. Company, praying his Honour to restrain the Grand
Junction Canal Company from obstructing bridges which
they intended to erect over the canal.
Mr. PEMBERTON stated the case for the plaintiffs. The
London and Birmingham Railway Company had embarked
from 2,000,0001. to 3,000,0001. capital in a project to con-
struct a railway from Birmingham to London.
His HONOUR —I am a party interested, for I am a share-
holder in one of the Companies.
Mr. PEMBERTON—I am sure, my Lord, I do not know
in which of the Companies your Honour is interested. But
of this I am certain that you will give the case your most
impartial attention.
His HONOUR smiled, and gave a slight inclination of the
head.

Mr. PENtamilooN resumed—lt was necessary in the exe-
cution of the plaintiff's plan that they should have a wooden
bridge over the defendant's canal, in the parish of Wover-
ton, Warwickshire. It was necessary, to enable the Bir-
mingham Railway Company to carry large quantities of earth
over from the hills on the south side of the canal to a val-
ley on the north side, that a temporary bridge should be
erected ; and the question for the Court was, whether the
plaintiffs had a right to erect such bridge, and if so, whether
they exercised that right in such a manner as not unneces-
sarily to interfere with or injure the property of others.
The question was one of the greatest importance to the
plaintiffs, as there were more than twenty other canals be-
tween Birmingham and London.
M. BACON followed on the same side, and read several
affidavits to show that the bridge was necessary, and that
its erection had not in any way injured the property of the
Grand Junction Canal Company.
Sir CHARLES WETHERELL appeared for the defendants.
After some prefatory observations he said that the carting
large quantities of earth from one side of the canal to the
other over a temporary bridge was never contemplated by
the Act of Parliament. It never contemplated the erec-
tion of a bridge for the carrying of 1,000,000 cubic yards
of earth in 1,000,000 carts from the hills on the south side
of the canal to the valley or plain on the north side.—
(Laughter.) What the act contemplated was the erection
of a bridge for velocity of carriages. It appeared to him
(Sir Charles Wetherell) perfectly clear that a temporary
bridge was never contemplated by the Act of Parliament.
His (Sir C. Wetherell's) Learned Friend, Mr. Pemberton,
had said that his Honour had some shares in one of the
Companies. He hoped his Learned Friends who appeared
for the Birmingham and London Railway Compaly, bad
not much of their capital embarked in that " gigantic" un-
dertaking, as it was not likely to turn out a very profitable
speculation,—(Laughter.)
His HoNouß deferred judgment till Monday.

POLICE INTELLIGENCE.

GUILDHALL.

On Saturday John Shelwood was brought up for final
examination, charged with having rectived stolen goads.—
Committed.

QUEEN-SQUARE.

Caroline Barnard, an Italian lady dressed in the first
style of fashion, and who stated that she lived in St. John's
Wood, and was a teacher of music, was brought before
Messrs. GREGORY and BURRELL, charged with shoplifting.
—Remanded.