(1880) JELR 80449 (HL)    
House of Lords  ·  (1880) 5 App. Cases. 473 ·  27 May 1880 ·  United Kingdom
Other Citations
(1880) UKHL 2
The Lord Chancellor (Lord Selborne)Lord Blackburn,Lord Watson
Core Terms Beta
southend company
blackwall railway companies
eastern counties
great eastern
great eastern company
locomotive power
said railway
southend railway
such agreements
tilbury company
14th section of the act
concurrence of the southend company
lord justice james
master of the rolls
present case
working agreement
acts of parliament
altered arrangements
ashbury railway company v
blackwall company
border line
colour of a working agreement
exercise of powers
existing working arrangements
expressed intention of the legislature
extension railway
judicial construction
lessees of the extension line
lord chancellor lord selborne
lord justice baggallay
lordships' attention
lords justices james
main point
necessary parties
particular case
part of the preamble
present appeal
purposes of this act
respondent company
separate companies
such acts
terms of that section
transfer of the existing lease
transfer of the existing lease of the extension railway
ultra vires of the defendant company
very power
working of the extension railway

THE LORD CHANCELLOR Lord Selborne(reading the leading judgment):My Lords the question in this case is whether, under the Acts of Parliament to which your Lordships' attention has been called, the Respondent company is authorized and empowered to let for hire to the Southend Company locomotive power and rolling stock. The company claims to be so entitled. The Master of the Rolls and Lord Justice Baggallay thought that it was not so authorized; but Lords Justices James and Bramwell thought otherwise, and they discharged the order for an injunction which the Master of the Rolls had made. The present appeal ta your Lordships is from that decision. I assume that your Lordships will not now recede from anything that was determined in The Ashbury Railway Company v. Riche 7 H. L.653. It appears to me to be important that the doctrine of ultra vires, as it was explained in that case, should be maintained. But I agree with Lord Justice James that this doctrine ought to be reasonably, and not un…

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