1885.] LEGAL. 71 



i 



EGAL. 



TEE GREENOCK RAILWAY COMPENSATION CASE. 



SOMMERVILLE V. GLASGOW AND SOUTH-WESTERN EAILAVAY COMPANY. 



JUDGMENT was given in Greenock Sheriff Court, after a six 

 days' sederunt, in the case arising from the claim by Messrs. 

 Sommerville & Co., Caledonian Sawmills, Bogston, Greenock, against 

 the Glasgow and South-Western Eailway Company for compen- 

 sation estimated at £80,077, 14s. lid,, for loss of lands, buildings, 

 and business through the operations of the railway company in 

 connection with their extension to the James Watt Dock, Mr. 

 Wyllie Guild, C.A,, Glasgow, was the last witness for the railway 

 company, and in the course of his evidence stated that he had gone 

 over Messrs. Sommerville's books, and distinguished what the gains 

 and losses were in the buying, selling, and sawing of timber, from 

 the year 1875 to 1884. In 1883 there was a loss on timber 

 of £1067, 13s. lid. and a profit on sawmilling of £1862, 7s. 8d,, 

 showing net profit of £794, lis, 9d, In 1884 there was a loss 

 on timber of £902, 4s. lid, and a profit on sawmilling of £292, 

 6s. 8d., making a net loss of £600, 18s, 3d, For the ten years 

 ending 1882 he found an average combined profit of £2652, 

 12s, 2d,; and for seven years ending 1882 he found an average 

 combined profit of £2238, Os. lOd. The land for which Mr. 

 Sommerville claimed compensation is in extent 38,753|^ square 

 yards or thereby, and there are erected upon it, besides a tenement 

 of dwelling-houses and office, other buildings and erections, which 

 are fitted \rith boilers, engines, and other sawmilling appliances. 



The jury unanimously agreed to award £52,658, 6s. 7d., allocated 

 as follows : — Taking the land at 16s, a square yard, the amount is 

 £31,003, which, with a reduction in respect of feu-duty, £5015, 

 12s. 8d,, gave a total of £25,987, 7s. 4d,, to which 10 per cent, 

 added for compulsory sale, £2598, 14s. 9d,, shows a total for the 

 ground of £28,586, 2s. Id,; for buildings and machinery, including 

 10 per cent, for compulsory sale, £14,572, 16s, 3d,; for loss of 

 business, £9499, 8s. 3d.— total, £52,658, 6s. 7d. The tender of 

 the railway company before trial was £55,000. 



In connection with other valuation claims which the Glasgow 

 and South-Western Eailway Company recently submitted to juries 

 in Greenock, it may be mentioned that for foreshore ground ]\Ir. 

 Watson was awarded 25 s. and Mr. FuUarton 23 s, 6d. per square 

 yard, while Mr. Sommerville's award is only 16s. per square yard. 



