through which
the "way-leaves" led) and so four feet eight and a-half inches became the
ordinary gauge, but in the early days it was by no means the universal
gauge. Five feet was chosen for the Eastern Counties Railway; seven feet
for the Great Western and five feet six was used in Scotland. The Ulster
Company in Ireland made twenty-five miles of the line from Belfast to
Dublin on a gauge of six feet two, while the Drogheda Company, which set
out from Dublin to meet the Ulster line, adopted five feet two. When the
Ulster Company complained of this, the Irish Board of Works, it is said,
admitted that it was a little awkward, but added that, as it was not
likely the intervening part would ever be made, it did not much matter.
The subject was, I believe, in Ireland referred to a General Pasley, who
consulted the authorities (who were many) throughout the kingdom. He
ultimately solved the question by adding up the various gauges the
authorities favoured, and recommended the mean, which was five feet three
inches; and so, for Ireland, five feet three became the standard gauge.
"The battle of the gauges," as it was styled at the time, was lively and
spirited. Eventually it was decided by Parliament, which in the year
1846 passed the _Railway Regulation (Gauge) Act_. This Act ordained that
in Great Britain all future railways were to be constructed on a gauge of
four feet eight and a-half inches, and in Ireland of five feet three
inches, excepting only certain extensions of the broad gauge Great
Western Railway.
Up to this time no action at common law was maintainable against a person
who by his wrongful act, neglect or default caused the immediate death of
another person, and an Act (known as _Lord Campbell's Act_), "for
compensating the Families of Persons Killed by Accidents," became law.
This enactment was due principally to the railway accidents that
occurred. They were relatively more numerous than they are now, for the
many modern appliances for ensuring safety had not then been introduced.
The Act provided that compensation would be for the benefit of wife,
husband, parent and child of the person whose death shall have been
caused. The Act did not apply to Scotland. Perhaps it was because the
laws of the two countries differed more then than now, and the life of
the railways in Scotland was young, England being well ahead. Probably
England thought she was doing enough when she legislated for herself by
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