Moorlands and City Railway

Well - good news for some - and didn't it completely cover the fact that Cameron and Clegg destroyed 25,000 jobs yesterday by shooting the PV industry stone dead - aak Glyn if you don't believe me!!

Politicians - and they wonder why we celebrate Guy Fawkes Night!

 

Indeed! :nod:

 

In any grant award it is easy to wish for more but the amount allocated will be highly instrumental in achieving the basic railway, which is what MCR must concentrate on to demonstrate credibility. Once a freight link is operable and the benefits shown to be achievable, the harder, and costlier, parts of the overall scheme can be pursued.

 

A few things from the Facebook group this evening from a local called Mike Burton;

Wall post from Mike: "I wonder what the limited liability status of shareholders extends to ??? - will they be acountable for any damage to property caused by freight and passenger trains running close to people property ????"

Comment from Mike: "Yes - railways and the vibration from the trains does damage property - but obviously if I am wrong then will all the shareholders sign agreement to put right any damage caused by the above ?"

This guy never listens... :argue:

http://www.facebook.com/pages/MCR-Cauldon-Lowe-Stoke-On-Trent-Leekbrook-Junction-Page/143086255721946?sk=wall&filter=1&notif_t=wall

 

I've just left him a message on the Facebook page about where I live, let's see what says about that, if he bothers to check that is!!

 

The Share Issue is for shares in CVR. The track is being transferred to MCR who will predominantly operate the future services. So surely the Shareholders wouldn't have a case to answer to should there be any damage.

Though tbh if his house did fall down I'd question the recent maintenance of the house more than lay the blame on a railway line. Houses don't exactly turn to dominoes when a rly opens up near by, especially ones that have survived an operational railway for nearly a century previously.

 

Everyone reading this thread needs to understand that Mr Burton is a man who hates railways and therefore bought a house next to one. A house that, I understand, was built long after the railway was opened and was, one would assume, built with the presence of the railway taken into account. I am sure that Mr Burton's surveyor found no evidence of railway-related damage when he bought the house; it had therefore survived undamaged from the date of its construction until use of the railway became suspended in 1994.

If the house suffers damage in the future and expert witnesses can demonstarte that it was caused by the operation of the railway, then I would imagine that he would have the basis for pursuing a claim for damges through the civil courts. His question about the liability of shareholders does, I am afraid, display a worrying naivity about company law. The company is limited in liability to the extent of its issued shareholding. The shareholders may lose their investments but cannot be pursued for their other assets. In practice of course, every company is insured against calamitous events arising from their operations. For a railway company, the worst that could happen might be a boiler explosion or a train full of people falling from a viaduct onto a town below. Whether "niggling" annoyance would be covered would be a matter for the terms of the insurance. Commercial insurance usually has a large excess to encourage companies to settle small claims as working expenses.

 

Maybe Mr Burton would like a nice friendly whistle every time the train passes?

 

As was the case in connection with the village idi... err green proposal the railway has a contining statutory right to carry on its business dating from the nineteenth century, providing it does so without negligence.

So Mr Burton would have to prove statutory nuisance or damage arisng from negligence before he would have any cause for aaction - highly unlikely!

 

I couldn't agree more, I do a bit of winding myself but it is a good natured way and usually with people I know. Having replied to Mike Burtons earlier raves I got the impression that although he was aggrieved somewhat, most of it was a wind up.

 

What has happened about the village green proposal?, has it been heard yet?

 

It's gone for a Burton. (I hope).

 

It's very important to use the correct language in these matters or confusion creeps in. There never was a village green proposal, the application to Staffordshire County council was made under the Commons Act 2006 and asked for the said land to be registered a a village green on the grounds that it had been used by a significant number of people in a defined locality for lawful sports or recreation for period of 20 years. In effect, applications of this type claim that the land in question is de facto a recreational area and should be so recognised.

it is blindingly self-evident that the conditions for registration cannot be met. Indeed, one could hardly find a more classic case to illustrate why the Government is reviewing the operation of the Act. What was implemented as a well-meaning piece of legislation has been spoiled by frivolous and perverse applications of this type.

 

A 90 ft steel structure has been donated to the CVR by Sainsburys to extend the covered accommodation for the locomotives at Cheddleton. This will not be erected until sufficient funds are available, but it will entail a complete reorganisation of the yard and sidings there. Looks like a big job.

 

Wow! That's brilliant.

Give Brian something to think about!

 

Looks like we can look forward to many days of excavating ash in-fill to expose the formation before pulling it all apart and seeing what we can re-use. Fun times

 

Where exactly is this structure coming from? is it from the old Churnet Works in Leek? Sainsburys seem to have a lot of pres. railway at heart as they did a lot to help the new extension of Peak Rail at Matlock station. Good for them.

 

[HR][/HR]

Next to the Chemical place on the road out of Leek heading towards Macclesfield (on your right as you leave Leek). The place has already been levelled so its more of a case of "where exactly did the structure come from". I will join you in applauding Sainsburys activities. Supermarkets are appearing all the time so its nice to see the heritage railway benefits after years of more negative stories such as building on trackbeds etc...

 

A quick google brings up their site.