McKelvie's Win Battle Of The Level Crossing
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LORD CAMERON, at a vacation sitting of the Court of Session last week, granted an order of interim interdict to a Renfrewshirc firm of road hauliers against the British Transport Commission. The order prevents the B.T.C. "from obstructing or interfering with the passage of vehicles belonging to McKelvie and Co. (B.M. and P.), Ltd., Barrhcad, across a level crossing except when the railway lines are reasonably required for, or actually in use by, the B.T.C. in the vicinity of the crossing."
Mr. C. H. Johnston, Q.C., for the company, explained that the level crossing separated the road from a triangle of land on which McKelvie and Co. were erecting buildings and to which there was no other access. A right of access, said Mr. Johnston, had been granted to the company 40 years ago.
For the Commission, Mr. A. J. Mackenzie Stuart, advocate, submitted that there was no level crossing in the accepted sense. Over the years the Commission had attempted to fence the line; the fence had persistently been broken down; the dirt and debris had silted up against the railway line, making it possible for vehicles to cross.
Mr. W. A. Elliott, advocate, for Hamilton and Kinneil Estates, Ltd., superiors of the land, said his clients considered that there had been use of the site as a level crossing for 40 years, but their information was incomplete.
Lord Cameron said that on the statements of the parties he had difficulty in determining where the balance of convenience lay. Since, however, the work on which the company were engaged would be seriously hampered if access were denied them,.he believed the proper course was to grant the interim order.