| Case name: |
Isitt v. Grand Trunk Pacific Railway Co. |
|
|
|
| Jurisdiction: |
Canada - British Columbia |
|
|
|
|
|
|
|
|
|
| Parties: |
Name |
|
Appearing as |
| |
Isitt, Francis A.G. |
|
Plaintiff |
| |
Isitt, Gertrude |
|
Plaintiff |
| |
Grand Trunk Pacific Railway Company |
|
Defendant |
|
| Before: |
Decision maker |
Designation |
|
Morrison, Aulay |
J. |
|
| Lawyers: |
Name |
|
Appearing for |
| |
Tupper, Sir Charles Hibbert |
|
Plaintiff |
| |
MacNeill, Albert Howard |
|
Defendant |
| |
Tiffin, Frederick William |
|
Defendant |
|
|
|
|
|
|
|
|
|
| Decision: |
Action for damages in trespass. The Plaintiffs were property owners whose land was subject to a right of way in favour of the Defendant for railway purposes. The Defendant entered the Plaintiffs' other land and removed a substantial quantity of gravel for use on the railway. The Plaintiffs alleged that they had not consented to the removal of gravel. Although the Defendant had a statutory power pursuant to the Railway Act, R.S.C. 1906, c. 37, to enter the land and remove gravel therefrom the Defendant did not make use of the statutory procedure in this case. It was held that the Defendant's actions did not amount to trespass. However the Defendant was liable to pay for the gravel taken. Damages were awarded in the amount of $755.30. |
|
|
|
|
|
|
|
|
|
|
|
| ExLaw citation: |
[1918] EXLAW 7 |
|
| Parallel citations: |
[1918] B.C.J. No. 11 |
| |
(1918) 26 B.C.R. 91 |
| |
1918 Can LII 675 |
| |
1918 CarswellBC 86 |
| |
[1918] 3 W.W.R. 500 |
|
|
|
