was whether footpath across bridge could be dedicated to public.
authorities opposed it, arguing that their statutory powers enabled them to
remove bridge and therefore footpath across it could not be dedicated.
Simonds, giving leading judgment in House of Lords:
incompatibility test of Leake.
was stated that compatibility is to be judged by test of reasonable foresight –
it reasonably foreseeable that conflict will arise between contract and
there was no incompatibility in present case.