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in accordance with the opinion given by Mr. Vaughan Williams.
The Lord Chief Justice, who was a member of the Court,
dissented from the Judgment.
In November, 1889, the Vestry, relying on the law being
ascertained and settled by the decision in the Islington case,
required Mr. Fortescue to remove the pilasters he has erected in
Green Street, between Chester Street and Chester Place, and in
Chester Street and Chester Place.
Mr. Fortescue's attention was called to the decision of the
Vestry of Islington v. Goodman, and he removod the pilasters
in Chester Street and Chester Place. He, however, refused to
remove the pilasters in Green Street. The Vestry thereupon took
precisely the same course as had been adopted in Islington.
Mr. Fortescuo on being summoned for refusing to remove the
pilasters was convicted by Mr. Bushby, the Police Magistrate,
and fined £2 and £2 2s. costs.
Mr. Hush by, by request of Mr. Fortescue, stated a case for the
the opinion of the High Court.
The case came for argument before the Lord Chief Justice and
Mr. Justice Matthew.
On it being stated in Court that the Islington case governed
the matter, the Lord Chief Justice stated he thought the case
was erroneously decided, and that as there was no appeal the
case had better be argued before a full Court.
After a lapse of several months and after several requests to
have the matter disposed of, the case was set for hearing before
a Court of five Judges. Of those Judges, the Lord Chief Justice
was one, and acted as President.
The Court gave Judgment reversing the decision of the Vestry
of Islington v. Goodman.
The result of the decision now given is to authorize shop fronts
to be brought out on each side of a street to ten inches beyond
the general line of buildings when a street is thirty feet wide,
and this may be done upon the Public Highway.