The New Law of Rates and Charges on Railways and Canals, Under the Railway & Canal Traffic ACT, 1888; A Summary of the Law of Traffic Facilities on Railways and Canals as Affected by the Act of 1888 - Softcover
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This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1889. Not illustrated. Excerpt: ... UNDUE PREFERENCE. The question whether Railwaj Companies may charge a less rate to one person than to another, or give to one facilities which they withhold from another has been a fruitful source of discord from early railway times until now. In the Act of 1845, a clause was inserted with a view to put an end to this alleged grievance, but, as is usually the case with clauses in Acts of Parliament, nobody understood it or, at least, no two opinions coincided as to the meaning of it. Section 90 of that Act gave power to vary the tolls of the railway provided the same tolls were charged equally to all persons on traffic passing only over the same portion of the line of railway under the same circumstances. The section is a long one, and a great discussion arose as to whether the whole of it was affected by the word "only," and if so, to what extent and in what manner the word qualified it. After considerable difference of judicial opinion the House of Lords decided that the section applied solely to the case of traffic passing from and to precisely the same stations, and hence that it did not apply to the majority of cases brought before the court where freighters of one locality complained of preferential rates given to those whose business was situated some short distance off, and whose traffic was placed upon or taken off the railway at a different point. This view of section 90, as Lord Justice Lindley says in the Denaby Main case, " seriously limits its operation, but its failure was notorious, and was the cause of the Act of 1854." That Act provides, in the midst of a long section (Sec. 2), as follows: "No Railway or Canal Company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, ...
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