M'Fee v. Littlejohn (Broughty Ferry Police Commissioners) and The Caledonian and North British Railway Companies

In attempting to drive under this bridge at night a cabman was crushed against the roof of the bridge and killed.

In an action by his widow against the railway companies who owned the embankment and the police commissioners—held that the latter were liable in damages in respect of their failure either to make the road safe or to stop traffic on it.

When the Dundee and Arbroath Railway was made the line ran along an embankment in the neighbourhood of Broughty Ferry. The Railway Company possessed the land on each side of the embankment. As the town expanded the Railway Company resolved to feu this land, and they continued through it Brook Street of Broughty Ferry. They pierced the embankment with three openings at the point of its intersection with Brook Street, and gave their feuars an access through the embankment of “not less than 7 feet” in height. The middle opening of the three was intended to serve as a carriageway.

Broughty Ferry gradually approached and was built up around this point, and in 1864, as a populous place, adopted the General Police Act 1862. Among other streets the Police Commissioners appropriated Brook Street, and in levelling and metalling it they raised the roadway under the low arch of the embankment until it only possessed a headway of 6 feet 9 inches. No means were taken either by the Railway Company or by the Commissioners of Police to protect the public against the dangers of this low arch.

By the North British Railway Dundee and Arbroath Joint-Line Act 1879 the interest in the Dundee and Arbroath Railway was transferred to and vested in the Caledonian Railway Company and the North British Railway Company jointly and equally.