Reports of the Supreme Court of Canada Volume 33

Reports of the Supreme Court of Canada Volume 33

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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. 1903 edition. Excerpt: ...I would think that the controversy between the parties, as it appears upon the record, ought to be determined in the present case so as to avert any further litigation in the matter. What is now the real controversy between the parties? (See sec. 63 of the Supreme Court Act) Nothing else than a controversy as to the extent of appellant's land which the respondent's contractors took possession of when they built, in 1892, a permanent sidewalk in front of it. At the trial, one of the witnesses put it at-L73 feet, and another one at 271 feet. So that, under the circumstances, the record should be remitted back to the Superior Court for the purpose of ascertaining, by expertise or otherwise, as the court thinks proper, what is the extent of the appellant's property which is covered by the said sidewalk, and ordering that the respondent should, within the delay fixedby the court, restore the said property to the appellant in exactly the same state as it was when the said sidewalk was constructed, all the necessary amendments ofthe pleadings being treated as having been made. There will be no costs upon this appeal nor in the Court of King's Bench. Costs in the Superior Court to be later adjudicated upon in its discretion. Appeal allowed without costs. Solicitors for the appellant: ' Prefontaine, Archer @-Perron. Solicitors for the respondent: Ethier -Arc/mmbaull. 1903 Buamnn I7. Crrr or-MONTREAL. The Chief Justice. THE CITY OF OTTAWA (DEFEND-2 APPELLANT; ANT)................................. AND i THE MONTREAL AND OTTAWA RAILWAY COMPANY (PLAIN-RESPONDENTB. TIFFS)......... ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO. Bailway--H1'ghway cro: s1'ng---Comptmsation to Municipality--TerrmInut " at or...
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Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236862287
  • 9781236862280