The Level Railway Crossings at Radstock
Major ALLEN asked whether it was the fact that the Lord Chief Justice
and Mr. Justice Mellor, in their judgement of the 19th of November last,
“re Bristol and Somerset and the Somerset and Dorset Railway Companies”
ruled that the law was powerless to protect the public from the danger
and nuisance at Radstock, where those competing lines obstructed the
turnpike road in the middle of the town with two level crossings within
60ft of one another; and whether he could see his way to remedying the
grievance complained of.
The ATTORNEY-GENERAL – As I appeared for the Board of Trade in
the case to which allusion is made in the question of the hon. and gallant
member, I have been requested by my right hon. friend the President
of the Board of Trade to reply on his behalf. The application which
was made to the Queen’s Bench Division of the Court, and with reference
to which the Lord Chief Justice and Mr. Justice Mellor gave judgement
on the 19th of November last, was an application under the Railway Clauses
Act, 1863, Section 7, for a mandamus to oblige the Bristol and
Somerset and the Somerset and Dorset Railway Companies (whose lines
cross the turnpike road in the town of Radstock at a very short distance
from each other on the level) to make a bridge for the purpose of carrying
the turnpike road over their lines. It was clear from the nature of
the case that a bridge over one of the lines of railway would be of
no service, - indeed, could not be made, and in order that a sufficient
viaduct should be constructed it was essential that both companies should
join in the work. It appeared, however, that the Bristol and North Somerset
Company was absolutely without funds and practically defunct, having
made over its undertaking to the Great Western Company in perpetuity,
and that if a mandamus were issued against the Bristol and Somerset
Company it could not be enforced. The Court, therefore, decided, in
the exercise of its discretion, to refuse the application altogether.
With respect to the Great Western Company, the advisability of applying
for a mandamus against them was considered by the legal advisers
of the Board of Trade; but these gentlemen came to the conclusion that
there is no obligation upon that company to make or join in making the
necessary works. I fear there is no remedy for the grievance complained
of unless the Legislature be resorted to. It is to be regretted that
the railway companies originally induced Parliament to sanction the
crossing a highway on the level by two lines of railway placed so near
to each other as to create danger. (Hear).
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