| Case name: |
Hornby v. New Westminster Southern Railway Co. |
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| Jurisdiction: |
Canada - British Columbia |
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| Court: |
Supreme Court (Full Court) |
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| Parties: |
Name |
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Appearing as |
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New Westminster Southern Railway Co. |
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Appellant |
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Hornby |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Martin, Archer Evans Stringer |
J. |
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Tyrwhitt-Drake, Montague William |
J. |
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Walkem, George Anthony |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Reid, Robie L. |
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Appellant |
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Wilson, Charles |
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Appellant |
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Corbould, Gordon E. |
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Respondent |
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Davis, E.P. |
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Respondent |
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| Decision: |
Appeal by the railway company from an award of damages for flooding of the Respondent's property. The Appellant's railway embankment created a restriction on the flow of storm water in a ditch that drained into the Nickomekl River. This restriction caused storm water to back up on the Respondent's property which was upstream from the railway embankment. It was held that the Appellant's embankment had been constructed pursuant to statutory authorization and it was not liable in trespass or nuisance for the damage caused. The Respondent's remedy was to commence arbitration proceedings pursuant to the Lands Clauses Act. The appeal was allowed. |
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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1899] EXLAW 1 |
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| Parallel citations: |
[1899] B.C.J. No. 38 |
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(1899) 6 B.C.R. 588 |
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