| Case name: |
Harvey v. British Columbia Boat and Engine Co. |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Harvey |
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Plaintiff |
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British Columbia Boat and Engine Company |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Clement, William Henry Pope |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Belyea, Arthur L. |
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Plaintiff |
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Creagh, A.R. |
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Defendant |
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Ellis, J.N. |
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Defendant |
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| Decision: |
Action for an injunction to require removal of several objects placed within a public highway by the defendant. The Plaintiff was a property owner who carried on a business from land that was adjacent to Denman Street in the City of Vancouver. The Defendant carried on a business from property located on the other side of the street. The Defendant had placed certain objects within the right of way of the street which partially blocked passage over the street by the Plaintiff. It was held that the right of ingress and egress to a public highway adjacent to a person's land is a private right that may be enforced by a private action by the adjacent land owner. An injunction was granted. Costs were awarded to the Plaintiff. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1908] EXLAW 1 |
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| Parallel citations: |
[1908] B.C.J. No. 61 |
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(1908) 14 B.C.R. 121 |
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(1908) 9 W.L.R. 415 |
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