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Record no. 1193
Case name: Hornby v. New Westminster Southern Railway Co.
Date: 1899-01-20
Jurisdiction: Canada - British Columbia
Court: Supreme Court - Full Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  New Westminster Southern Railway Co.   Appellant
  Hornby   Respondent
Before: Decision maker Title
Martin, Archer Evans Stringer J.
  Tyrwhitt-Drake, Montague William J.
  Walkem, George Anthony J.
Lawyers: Name   Appearing for
  Reid, Robie L.   Appellant
  Wilson, Charles   Appellant
  Corbould, Gordon E.   Respondent
  Davis, E.P.   Respondent
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
Neutral citation:  
ExLaw citation: [1899] EXLAW 1
Parallel citations: [1899] B.C.J. No. 38
  (1899) 6 B.C.R. 588
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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