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Record no. 1532
Case name: Brighouse v. New Westminster (City)
Date: 1892-05-02
Jurisdiction: Canada - Federal
Court: Supreme Court of Canada
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File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  New Westminster (City)   Appellant
  Brighouse, Manuella   Respondent
Before: Decision maker Title
Gwynne, John Wellington J.
  Patterson, Christopher Salmon J.
  Ritchie, Sir William Johnstone C.J.C.
  Strong, Samuel Henry J.
  Taschereau, Sir Henri-Elzear J.
Lawyers: Name   Appearing for
  Robinson   Appellant
  Osler   Respondent
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Appeal by the City of New Westminster from a decision of the Supreme Court of British Columbia affirming a trial judgment awarding damages to the Plaintiff Brighouse. While constructing Agnes Street, a public highway, the City failed to provide adequate support for the adjacent Brighouse property. The street had been excavated to a depth of 8 to 10 feet below grade when the soil of the Brighouse property collapsed and fell into the street excavation. At issue on appeal was whether Brighouse was entitled to an award of damages for negligence or was limited to the statutory remedies for injurious affection provided in the New Westminster Act, 1888, S.B.C. 1888, c. 42. The appeal was dismissed.
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Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
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Neutral citation:  
ExLaw citation: [1892] EXLAW 1
Parallel citations: [1892] S.C.J. No. 26
  (1892) 20 S.C.R. 520
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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