Compensation to Land And House Owners Being a Treatise On the Law of the Compe

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Compensation to Land And House Owners Being a Treatise On the Law of the Compe
T Dunbar Thomas Dunbar Ingram
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(77) R. V. Commissioners of None Outfall, 9 B. & C. 875.
(e) But it is different when the land is used for profit, and the frontage value is diminished; see ante, Chap. VIII. , p. 102.
(/ ) Goodbody v. Midland Great Western Railway of Ireland Co. , Irish Reserved Cases (18G0— 1864), 20. As to premises being over- looked by the railway works, see In re Penny, 7 E. & B. 660, and R. V. Rynd, 16 Ir. C. L. R. 29.
(g) Caledonian Rail. Co. V. Ogilvy, 2 Macq. 229 ; Wood v. Stour- bridge Rail. Co. , 16
...C. B. , N. S. 222.
I. G 122 COMPENSATION.
The North Kent Railway passed near certain houses and grounds of a gentleman named Penny, at Lewisham, but no part of them was taken or used for the purposes of the railway. Seven years after the line had been opened for traffic, Penny served the company with particulars of a claim for compensation for damage arising " from the close approximation of the railway to the property, and the constant noise and shaking, and annoyance by day and night caused by the pas- sage of the trains, and by or from the circumstance of the back windows and gardens being overlooked by the passengers on the railway and railway platform, and by the servants and workmen employed by the company, and the privacy of the said W.


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