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Record no. 1141
Case name: Harvey v. British Columbia Boat and Engine Co.
Date: 1908-02-07
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Harvey   Plaintiff
  British Columbia Boat and Engine Company   Defendant
Before: Decision maker Title
Clement, William Henry Pope J.
Lawyers: Name   Appearing for
  Belyea, A.V.   Plaintiff
  Creagh, A.R.   Defendant
  Ellis, J.N.   Defendant
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
Neutral citation:  
ExLaw citation: [1908] EXLAW 1
Parallel citations: [1908] B.C.J. No. 61
  (1908) 14 B.C.R. 121
  (1908) 9 W.L.R. 415
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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