The Law Relating to the Carriage By Land of Passengers Animals And Goods By
The Law Relating to the Carriage By Land of Passengers Animals And Goods By
S W Clarke
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Although Section 90 of the Act of 1845 in terms applies to " tolls " only, the word has not here the restricted meaning that has been given to it in other places (see, e. G. , p. 169, ante), and is not limited to tolls, strictly so-called, but applies to traffic rates and charges generally (see per Lord Blackburn in L. 6- N. W. R. V. Evershed, 1878, 3 App. Cas. , t p. 1038) ; and the effect of the enactments is that a charge made by a railway company against A, for services rendered by the comp...any to him, must not be greater than the charge made by the same company against B for rendering him services of the like nature. Thus, where three railways had stations in a town, by any one of which goods could be sent to any part of the kingdom, and certain firms of brewers had sidings communicating with one of the railways, and the other railways made certain concessions to such brewers in order to compete with that railway, but made no such concession to firms who had no sidings on that railway, it was held that there had been an inequality and undue preference in favour of the sidings-owning firms (L.
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