English Ruling Cases volume 7

Cover English Ruling Cases volume 7
English Ruling Cases volume 7
Robert Campbell
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In Eegina v. Gamble, 11 A. & E. 69, this Couit refused a mayidamus, where the parties applying had other means of enforcing the alleged duty ; and there * Lord [* 69] Denman, C. J. , appears to disapprove of Ilex v. Llie Secern and Wye Ilailwaij Corivpany, 2 B. & Aid. Q-iQ. P. 445, ante. Even in a civil action, if the statute raise a duty, case lies at the suit of an individual injured hy the neglect of such duty. Farnahy v. The Lancaster Canal Company, 11 A. & E. 223; The Lancaster Canal Compa...ny v. Parnaby, 11 A. & E. 230. Those two cases also show that the question here is as to the duty shown by the statute, and does not depend on the manner in which that duty is construed in the mandatory part of the writ. The Act does not in terms require the company to repair the new channel, but only to make, complete, and maintain it ; though in interpreting the words of a local Act, so minute an interpretation may perhaps not be admissi- ble as may be applied to those of a general Act. But the return answers so much of the command as the statute justifies, and applies specifically to tlie grievance in the inducement.

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