Eastern Law Reporter, Canada; Containing Judgements of the Courts of Nova Scotia, New Brunswick and Prince Edward Island, Together with a Selection of Cases Decided by the Judicial Committee of the Privy Council, Supreme and Volume 14

Eastern Law Reporter, Canada; Containing Judgements of the Courts of Nova Scotia, New Brunswick and Prince Edward Island, Together with a Selection of Cases Decided by the Judicial Committee of the Privy Council, Supreme and Volume 14

By (author) 

List price: US$11.36

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1915 edition. Excerpt: ...so agreed upon, and that the defendant has since said stakes were so fixed, built the embankment of said railway up to said stakes and has left the space between said stakes open and unobstructed by said embankment, and as the land there originally was when said stakes were so fixed; And it further appearing that since the delivery of said deed the defendant company _has informed the plaintiffs that the defendant does not intend to construct such culvert as aforesaid, but proposes to fill in the said space left between said stakes with a continuation of said embankment. And it further appearing that prior to the entering into said agreement the plaintiffs offered to the defendant to execute and deliver said deed to the defendant, without any stipulation on the part of the defendant to construct and maintain such culvert, and relieving the defendant from any liability to construct or maintain the same. If the defendant would pay the plaintiffs the' sum of $1,500 for said right of way and as full compensation and satisfaction for all damages or injury the plaintiffs may hereafter sustain by reason of the shutting off by the railway embankment of said flow of freshet water, which last mentioned offer the defendant declined to accept; and it appearing that at the time the said agreement was entered into the defendant may then reasonably have expected to have been able to construct the culvert as agreed upon much more cheaply than may now be possible owing to the Government having since imposed more stringent and onerous regulations as to the kinds of culvert permitted on said railway than were then in force; and the plaintiffs having consented that the defendant shall have the option of paying $1,000 as herein authorized in substitution...show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123686994X
  • 9781236869944