| Case name: |
Brighouse v. New Westminster (City) |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Supreme Court of Canada |
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| Parties: |
Name |
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Appearing as |
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New Westminster (City) |
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Appellant |
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Brighouse, Manuella |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Gwynne, John Wellington |
J. |
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Patterson, Christopher Salmon |
J. |
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Ritchie, Sir William Johnstone |
C.J.C. |
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Strong, Samuel Henry |
J. |
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Taschereau, Sir Henri-Elzear |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Robinson |
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Appellant |
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Osler |
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Respondent |
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| 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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| Related decisions: |
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Earlier |
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Later |
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| ExLaw citation: |
[1892] EXLAW 1 |
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| Parallel citations: |
[1892] S.C.J. No. 26 |
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(1892) 20 S.C.R. 520 |
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