| Case name: |
Byron N. White Co. v. Sandon Water Works and Light Co. Ltd. |
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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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Byron N. White Co. |
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Appellant |
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Sandon Water Works and Light Co. |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Hunter, Gordon |
C.J. |
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Martin, Archer Evans Stringer |
J. |
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Tyrwhitt-Drake, Montague William |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Bodwell, Ernest V. |
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Appellant |
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Lennie, Robert Scott |
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Appellant |
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Taylor, Sidney S. |
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Respondent |
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| Decision: |
Appeal from the dismissal by the trial judge of an action for an injunction and damages for trespass. The Respondent had constructed a water tank and pipeline on the Appellant's property without the Appellant's consent. Although the Respondent had been granted statutory powers to expropriate those powers did not become effective until after the initial entry on to the Appellant's property. The appeal was allowed. A mandatory injunction and nominal damages were awarded. |
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| ExLaw citation: |
[1904] EXLAW 3 |
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| Parallel citations: |
[1904] B.C.J. No. 54 |
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(1904) 10 B.C.R. 361 |
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