The Ontario Reports Volume 12

The Ontario Reports Volume 12

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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. 1887 edition. Excerpt: ... verdict must be set aside, and judgment for the defendants dismissing the plaintiffs action entered, With costs. ROSE, J.--Mr. Barron claims that the defendants are liable under the Dominion Act 4:2 Vic. ch. 9, sec. 15, sub-sec. 5 (1879), amended by 44 Vic. ch. 24, sec. 3 (1881). At the date of passing either Act the defendant company had nothing to do with the line, and had no duty imposed upon it With respect to the bridge in question, nor did these Acts apply to the Midland Railway Company. B? M Vic. ch. 22 (O), by a similar provision, such duty was mt upon the Midland, if indeed the section can be construed 50 as to impose the duty upon a, railway comPally at all. 'The section, as also the section of the Dominion Act, directs the alteration of the existing bridges by and " at the "st Of the" railway " company, municipality, or other 'Owner thereof," within twelve months from the passing-f the Act-4th March, 1881. _BYtl1e same section, in case the railway company 1186 hlgher freight cars than at the time of the passing Of the Act _r re00nstruetion of the bridge, the company is directed "Me the bridge "after having first obtained the consent of the municipality, or of the owners of the bridge." Unless therefore the railway company was the owner of the bridge at the time of the passing of the Act, the duty of raising it was not, as it seems to me, imposed upon the company. Apart from such question, I do not see how the defendants became liable, for not only was it not owner when the Act was passed, but, if it became owner, it was not until the year expired as pointed out by the learned Chief Justice. I am also of the opinion with the learned Chief Justice, that the more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236852869
  • 9781236852861