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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Caledonian Railway Co. v. Greenock and Wemyss Bay Railway Co. [1877] ScotLR 14_235 (16 January 1877)
URL: http://www.bailii.org/scot/cases/ScotCS/1877/14SLR0235.html
Cite as: [1877] SLR 14_235, [1877] ScotLR 14_235

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SCOTTISH_SLR_Court_of_Session

Page: 235

Court of Session Inner House First Division.

Tuesday, January 16.

14 SLR 235

(Case for the Railway Commissioners.)

The Caledonian Railway Company

v.

Greenock and Wemyss Bay Railway Company.

Subject_1Process
Subject_2Case for Opinion of the Court
Subject_3Railways Regulation Act 1873
Subject_4Remit to Amend.
Facts:

A Case having been sent by the Railway Commissioners under the Regulation of Railways Act 1873, for the opinion of the Court, they, in the absence in the statute of provision to remit for amendment if so required, following the precedent of a Case sent for opinion from the Court of Chancery ( Sir F. S. Arthur, Bart., and H. D. Seymour, Nov. 5 1867, not reported), pronounced an interlocutor intimating what additional information was desired, and superseding consideration of the Case, “to enable the parties or either of them to apply to the Railway Commissioners to amend the Case in such manner as to remove the difficulty.”

Counsel:

Counsel for Caledonian Railway— Lord Advocate (Watson)—Johnstone. Agents— Hope, Mackay & Mann, W.S.

Counsel for Greenock and Wemyss Bay Railway Company— Balfour—Asher. Agent— John Carment, S.S.C.

1877


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URL: http://www.bailii.org/scot/cases/ScotCS/1877/14SLR0235.html