Gilchrist and Goldie Brick Works v North British Railway Company 1869 – 1872

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Below are some notes sent to me by Stuart McLean with regards a dispute between Gichchrist and Goldie, Brick manufacturers and the North British Railway Company. I have not read the full article.

 

PRÉCISE OF GILCHRIST & GOLDIE BRICKWORKS v, NORTH BRITISH RAILWAY COMPANY 1869/72 – by Stuart McLean.

Claims for Pursuer:

1 . All the clay, subsoil and other materials in the field for the duration of 8 years from Whitsunday 1867 at the annual fixed rent of £150, subject to conditions, were let from Andrew Drummond Foulds by James Gordon Oswald.

2 . In March 1868 Gilchrist & Goldie purchased and acquired the rights to the field and brickworks and have worked the brickworks as owners since then.

3 . The ground is 4 ½ acres and is suitable for the working of 4 tables.  Half a million bricks are made per table per season therefore 2 million overall.

4 . Two extra acres were bought to build brick making machinery.  They bought an engine and boilers for this purpose, but the arrival of surveyors from the Railway Co, led them to believe they would get only one season from the machines, so they postponed their erection.

5 . They have had the engine and boilers for two years.

6 . The Railway Co, gave notice that to build the railway they would need 1 acre, 1 rod and 2 poles (0.33 of the field).  On 2/10/1871 NBR took possession of the land.

7 . The railway is 24’6” high running through the land in a diagonal curve.  This renders the field too small and the value of the land will drop greatly.

8 . The lease of the brick field extends to the Whitsunday 1875 so there are 4 seasons of brick making unused.

9 . The claimants (the brickfield) claim damages for loss and injury,
£
Levelling                                                                                                    100
Loss of profit on 1 000 000 bricks for 4 yrs                                   2 000
Loss and damage on remaining portion machinery, working
Smaller field, severance of ground, general disturbance                500
+10% for compulsory purchase                                                 260
2 860

Alternatively;
Number of bricks actually produced was 850 000.  At 28/- per 1000 this equals  –       £1260/10

Costs:
Raising clay, moulding and dyking bricks.                                            371
Setting bricks                                                                                             109/5
Rent & taxes                                                                                                    80
430 tons coal @ 7/6                                                                                    161/5
Sand, ashes and clash                                                                                    30
Wages                                                                                                                20
Water charge                                                                                                     7/16
779/15

Profit per annum = £489

The other claimants income for the remainder of lease is £1956,
Other claims as before = £860
Therefore £2816

Answers for North British Railway:

1 . Admitted

2 . Admitted

3 . Admitted field is 4 1/2 acres, that it may be worked in 4 tables, and usual
number of bricks per table is 1/2m.  Not admitted that claimants always worked
4 tables.

4 . Not known or admitted

5 . Denied.  Engine and boiler referred to formed part of plant

6 . Admitted NBR took possession of the ground as stated in 4/5/1871

7 . Admitted that proposed railway will run through field but will not take off
as much as a third

8 . Admitted

9 . Denied that entitled to compensation.  Amounts are excessive.  Price of
£1000 per ton is too high

FINDINGS OF OVERSMAN:

£1138 to claimants + interest of 5% pa from the date of decree
Claimants will also be entitled to apportionment of fixed rent
Also entitled to expenses of the action

Dated 5 March 1872

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