A Digest of Canadian Cases Relating to Railway, Telegraph, Telephone and Express Companies; Being a Digest of "Canadian Railway Cases," Vols. 1 to 24, Together with Decisions of the Federal and Provincial Courts of Canada, the Judicial

A Digest of Canadian Cases Relating to Railway, Telegraph, Telephone and Express Companies; Being a Digest of "Canadian Railway Cases," Vols. 1 to 24, Together with Decisions of the Federal and Provincial Courts of Canada, the Judicial

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...183, distinguished. Dutton v. ('an. Northern Ry. Co., 19 Can. Ry. Cas. 72, 23 D.L.R. 43. Aflirmed except as to damages, 21 Can. Ry. Cas. 294. DUTY T0 CLEAR RIGHT-OF-WAY----ORIGIN or vial-: s----I'mr.1or: xcll--O1'Us. S. 297 of the Railway Act, 1906, which requires railway companies to keep the right-of-way free from dead grass, weeds and unnecessary combustible matter, applies only to a line of railway under operation, not whilst it is under construction; to charge a company with common-law negligence, while constructing a railway, for causing fires by sparks escaping from locomotives, and from burning logs and rubbish necessary for clearing the right-of-way, the onus is upon the plaintiff to prove that the fire originated from the sparks, and that the defendant was guilty of negligence in setting-out the fire or allowing it to escape. Per McCarthy, J.: --A person lighting a fire is not bound to prevent injury in all events, but only that injury shall not occur through his negligence. Rylands v. Fletcher, L.R. 3 H.L. 330, considered; Margach v. MacKenzie & Mann. 32 W.L.R. 162, aflirmed. See also Dutton v. Can. Northern Ry. Co., 23 D.L.R. 43, 19 Can. Ry. Cas. 72. Margach v. Mackenzie, Mann & Co., 20 Can. Ry. Cas. 427, 9 Atla. L.R. 548, 28 D.L.R. 1. Iaraaasr or 1-r.a11"r1rs--Wnoxo'rl'L ov.'1-: a IN rossassroa---Jus Tnrrn. One in possession of timber which he has wrongfully taken to his limits from government lands has a sufiicient possessory title to maintain an action for their destruction by fires caused by sparks from locomotives in violation of ss. 297, 298 of the Railway Act, 1906, amended by 1-2 Geo. V-(1911), 0-'Z2, s. 10. The railway company cannot set up jus tertii. Dutton v. ('an. Northern Ry. C., 21...show more

Product details

  • Paperback | 458 pages
  • 189 x 246 x 24mm | 812g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236925610
  • 9781236925619