The London and North Western Railway Company owned buildings on Parliament Street. The Mayor of Westminster had a power to construct public toilets under the Public Health (London) Act 1891. The Mayor used this power to build toilets beneath the centre of the road. They constructed steps going down from the pavement on either side of the road. The steps encroached on the Railway's land. The Railway argued that the design of the scheme meant that the Mayor had in effect, constructed a public subway as well as toilets, and that he had no power in law to do this.
Where is it on the map?
At point D.
Who won?
The Mayor of Westminster won - the House of Lords held that the Mayor had used his power to construct public toilets in a legitimate way, and that the dual purpose did not invalidate this.
What's the principle of law?
The courts should not interfere where a public authority exercises its statutory discretion in a bona fide and reasonable way.
What's it like today?
The subway is still in use, as are the toilets!
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