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