What is the test for levying execution on railway property constituted as such property?

And at the foot of p. 43: “I wish it distinctly understood, however, that I refrain from expressing any opinion with respect to levying an execution upon railway property constituted as such property was in King v. Alford (1885) 9 OR 643 (C.A.) and Peto v. Welland Ry. (1862) 9 Gr 455.”

And counsel tries to distinguish the instant case from Lee v. Broley on the ground that we are here dealing with an attempt to enforce a lien against a part of a whole waterworks and sewer system which has been created for the benefit of the residents of the defendant village. It is his contention that whether or not property is subject to a lien depends upon its use; that public policy or public interest is the deciding factor; and the railway cases in any event provide a closer analogy than where a complete entity, such as a school or hospital, are sought to be attached.