An Analytical Digest of the Cases Published in the New Series of the Law Journal Reports And Other Reports : in the Courts of Common Law And Equity, And Appeal in Bankruptcy, in the House of Lords, in the Court of Probate, the Court for Divorce And Matrim

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the Wakefield Board of Health, 33 Law J. Rep. (n.s.) M.C. 174; 6 Best & S. 478.
A railway company's special act enacted that, subject to the provisions in the Railways Clauses Consolidation Act, 1845, contained in reference to the crossing of roads on a level, it should be lawful for the company in constructing the railway to carry the same on the level across the road following (which was then indicated), provided that the com- pany should erect and maintain a foot-bridge for the use of foot-p
...assengers over the said road, at or near the point of such level crossing. The company pro- posed to cross the particular road in question not on a level, but to raise the road and build a bridge over it, and carry the line of railway underneath. On a motion for an injunction to restrain the company from so doing, one of the Vice Chancellors was of opinion that upon the construction of the act the words were compulsory, and not merely permissive, and granted the injunction; but, upon appeal, the Lords Justices decided that the words, coupled with the other sections of the act, were permissive merely, and not mandatory, and dissolved the injunction.

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