Fitchat v Central South African Railways [1910] ZAHCORC 4 (9 March 1910)

Interdict.-Right-of-way.-Servitude.-Railway crossing.

Where F, a general storekeeper of Bloemfontein, alleged damage to his business owing to loss of customers due to the closing of a railway crossing, and where a right-of-way across the railway line at that crossing had been reserved to the town council under an agreement to give transfer of municipal lands to the predecessors in title of the Central South African Railways, Held, that F was entitled personally to institute proceedings under the servitude and to obtain an interdict restraining the railway from obstructing the crossing.