Dundee Corporation [1921] UKHL 664 (27 July 1921)


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United Kingdom House of Lords Decisions


You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Dundee Corporation [1921] UKHL 664 (27 July 1921)
URL: http://www.bailii.org/uk/cases/UKHL/1921/58SLR0664.html
Cite as: [1921] UKHL 664, 58 ScotLR 664

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SCOTTISH_SLR_House_of_Lords

Page: 664

House of Lords.

29th July 1921

58 SLR 664

Dundee Corporation.

(Before Lord Donington, Lord Tweeddale, and Major A. C. Farquharson, M.P.—at Edinburgh.

Headnote:

This Order was promoted by the Corporation of Dundee for power to construct a road on the foreshore between Dundee and Broughty-Ferry in fulfilment of an obligation imposed on them by the Dundee Boundaries Act 1913, by which Act the two burghs were amalgamated, for power to run motor buses over routes partly within and partly without the burgh boundaries, and for other purposes. The proprietors of the foreshore proposed to be taken for the new road opposed this part of the Order, but unsuccessfully. The clauses relating to the power to run motor buses were opposed by the Railway Companies and by commercial companies already providing such services in the district sought to be worked. On this point the preamble was held not proved.

Clauses were adjusted other than those relating to the motor bus services.

Counsel:

Counsel for the Corporation of Dundee (Promoting)— Macmillan, K.C.— C. Mackintosh. Agents— W. H. Blyth Martin, Town-Clerk, Dundee— William Robertson & Company, Parliamentary Agents, Westminster— Morton, Smart, Macdonald, & Prosser, W.S., Edinburgh.

Counsel for the Trustees of the late David Charles Guthrie of Craigie (Objecting)— Watson, K.C.— Maitland. Agents— Shiell & Small, Solicitors, Dundee— Grahames & Company, Parliamentary Agents, Westminster.

Counsel for the Scottish Motor Traction Company, Limited (Objecting)— Dean of Faculty (Constable, K.C.)— Burn Murdoch. Agents— Hagart & Burn Murdoch, W.S., Edinburgh— Trinder, Capron, Kekewich, & Company, Parliamentary Agents, Westminster.

Counsel for the Eastern Scottish Division of the Motor Trade Association, the Tay Motor Lorry Company, Limited, and the Commercial Motor Users' Association (Incorporated) (Objecting)— Burn Murdoch. Agents— Chamberlain, Hacking, & Company, Parliamentary Agents, Westminster.

Counsel for the Dundee, Broughty-Ferry, and District Tramways Company (Objecting)— Watson, K.C.— T. G. Robertson. Agents— Guild & Shepherd, W.S., Edinburgh— John Kennedy & Company, Parliamentary Agents, Westminster.

Counsel for the North British Railway Company (Objecting)— Gentles. Agents— James Watson, S.S.C., Edinburgh— Sherwood & Company, Parliamentary Agents, Westminster.

Counsel for the North British Railway Company and the Caledonian Railway Company as Owners of the Dundee-Arbroath Joint Line (Objecting)— Gentles. Agents— James Watson, S.S.C., Edinburgh— James S Steven, Solicitor, Glasgow— Sherwood & Company, Parliamentary Agents, Westminster.

1921


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URL: http://www.bailii.org/uk/cases/UKHL/1921/58SLR0664.html