The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-10-29 00:00:00

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EDINBURGH AND GLASGOW RAILWAY
COMPANY.

CASE OF ME. W.
5.....,- r RAWFURD, OF MILTON, V. THE

EDINBURGH AND GLASGOW RAILWAY COMPANY.

The following has been handed to us as a correct outline
of the proceedings connected with this case :
The railway tunnel, after leaving the Lunatic Asylum
grounds, crossing below Dobbie's-loan, and passing through
a piece of ground felled out by Mr. Crawfurd some time ago,
at ss. Gd. per square yard, and now belonging to the Railway
Company, where they have opened an eye or vent, enters
upon Mr. Crawfurd's feuing land, in which the tunnel con-
tinues until it passes below the canal, where it again enters
Mr. Crawfurd's high lands of Broomhill, until it issues into
a deep open cut of railway, which is to intersect these lands
on the north or farther side. Mr. Crawfurd's claims were
therefore four in number :-Ist, For damage done to his feu-
ing lands, intersected by the tunnel on the south side of the
coal, where, at the point of entering these lands, the tunnel
is only 26 feet below the surface : 2d, Way leave for the tun-
nel through the high lands of Broomhill, on the north side
of the canal : 3d, Price of the land to be occupied by the
deep open cut on the north side of the Broomhill ; and, 4th,
Damage to the lands adjoining the open cut by intersection
and deterioration.

For the whole of these claims the company some time ago
offered the plump sum of £1460, which sum was refused, on
which the parties went to trial. When three of Mr. Craw-
furds witnesses had proved the damage to the lands on the
south side to be nearly the one-half of the value of these
lands, the Railway Company judiciously offered to purchase
these lands at their proved value—namely, 6s. per square
yard ; which offer was accepted, the amount of the price be-
ing £202 14s. This disposed of No. 1. After some further
procedure, it was agreed, in order to dispose of No. 2, that
the jury should at once say what sum between £3O, offered
by the company, and £lOO, asked by Mr. Crawfurd, should
be allowed ; when they fixed £BO.
The trial then proceeded to a conclusion upon the price of
the land occupied by the open cut ; arid the damage to the
adjoining land. The jury fixed for the former £685 19s. for
the price, and £474 for the damage ; making together £1159
19s. Add for tunnel £BO. The sum offered by the company
was £1460. This, however, included a small sum for da-
mage by the tunnel south of the canal, which was settled ex-
tra-judicially by the company purchasing that part of the
grounds on the same terms they had offered two years ago.

EDINBURGH AND GLASGOW RAILWAY CO. v. THE DI-
RECTORS OF THE LUNATIC ASYLUM.

This interesting and important case has been going forward
before Sheriff Alison and a special jury Tuesday and Wed-
nesday. It involved the damage done to the Lunatic Insti-
tution by the formation of the tunnel through the grounds,
for the distance of 216 yards. The tunnel is at an average
depth of 40 feet below the surface, in solid rock. On this
account, as well as for the supposed damage which might be
done to feuing, and for the interference with quarrying, the
Asylum Directors, before the trial, claimed £44,000. This
claim was reduced, however, at the trial, to the sum of
£BOOO for damage to the revenue of the institution—£273
for the stone to be actually taken out of the tunnel-4:1900
for the damage done to the adjoining rock—and four shil-
lings per yard for 13 buiding steadings to be passed under by
it. After detailed evidence on all these points, and able and
eloquent addresses by Mr, Duncan M'Neil on behalf of the
Asylum Directors, and Mr. Patrick Robertson on behalf of
the Railway Company, the jury retired, and after remaining
absent for about two hours, returned, and handed in a ver-
dict, awarding £273 sterling in full of the price of the rock,
and £6OO sterling in full of damages.
We are glad to find that the facility of communication
afforded by means of the railway system is most manifestly
showing itself in Scotland.
In the parliamentary estimate of traffic on the Glasgow,
Paisley, Kilmarnock, and Ayr Railway. The directors cal-
culated, allowing for the usual increase, on only £35,570
passengers annually, between the towns of Ayr and Irvine,
a distance of 104 miles. This portion of the line was
opened on the sth of August last, and the following is the
return made :

Passengers between Ayr and Irvine, as per last return.
From sth August to 12th October inclusive
From 14th October to 19th October inclusive

Total...
Being only a period of ten weeks.
N.B.—No trains on Sunday.

.. 33,150