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[Back] DECISION DIGEST  
Record no. 1546
Case name: Byron N. White Co. v. Sandon Water Works and Light Co. Ltd.
Date: 1904-04-19
Jurisdiction: Canada - British Columbia
Court: Supreme Court - Full Court
Registry: [Subscribers only]
File: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Byron N. White Co.   Appellant
  Sandon Water Works and Light Co.   Respondent
Before: Decision maker Title
Hunter, Gordon C.J.
  Martin, Archer Evans Stringer J.
  Tyrwhitt-Drake, Montague William J.
Lawyers: Name   Appearing for
  Bodwell, E.V.   Appellant
  Lennie, Robert Scott   Appellant
  Taylor, Sidney S.   Respondent
Experts:  
Taking type/date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1903] EXLAW 2 B.C. S.C. 1903-10-28
  Later
  [1904] EXLAW 2 S.C.C. 1904-11-21
Neutral citation:  
ExLaw citation: [1904] EXLAW 3
Parallel citations: [1904] B.C.J. No. 54
  (1904) 10 B.C.R. 361
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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