BRITISH TRAWLERS FEDERATION, LTD., AND OTHERS v. LONDON & NORTH EASTERN RAILWAY COMPANY.

(1933) 45 Ll.L.Rep. 157

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Greer.

Railways-Powers-Access to fish markets (Lowestoft)-Right of defendant railway company (statutory owners of markets) to impose upon plaintiffs (representing the trawl fishing industry in Lowestoft) conditions governing the use of motor vehicles for transport of fish from markets-Declarations claimed by plaintiffs that they were entitled to remove their fish landed or purchased at the market by the usual commercial means, including motors or other vehicles, and that the defendants were not entitled to impose any condition upon the use of such vehicles as to the place to which the fish were to be taken and at which they were to be consumed-Lowestoft Navigation Acts -Harbours, Docks and Piers Clauses Act, 1847, Sect. 33: "Upon payment of the rates . . . the harbour, dock, and pier shall be open to all persons for the shipping and unshipping of goods and the embarking and landing of passengers"-Meaning of "unshipping" - Implied public right to take goods off the dock premises by usual commercial methods