The Practice Before the Railway Commissioners Under the Regulation of Railways

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The Practice Before the Railway Commissioners Under the Regulation of Railways
Robert Gordon Junner
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Ch. 273) decides an important point with respect to specific performances by a company of an alleged agreement to grant a free pass. The plaintiff, a corn merchant carrying on business in the towns through- RIGHTS OF PASSENGERS. 79 out the district traversed by a portion of tlio railway, in 1846 entered into an agreement with them that he would, in consideration of the company granting to him yearly, and during so long a time as he should carry on business at a certain town, a free pass over th...eir line between two towns, have, for so long a time as the scale of charges of the company and a certain canal company should bear the same proportion to each other as they then bore, all his goods carried by the railway in preference to the canal company. That arrangement continued down to 1849, when the plaintiff at the request of the company, to prevent the annoyance to them of constant free passes, consented to pay £5 as a nominal consideration for the free pass. This arrangement continued down to 1857, when, after a long correspondence on the subject, arising out of the plaintiff's application for a renewal of the pass, the company refused to renew it.

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