The Saskatchewan Law Reports Volume 13

The Saskatchewan Law Reports Volume 13

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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. 1921 edition. Excerpt: ...corporation. Something further is required. There must be reasonable notice of the state of non-repair either to some ministenal olficer of the corporation charged with the duty alleged to have been neglected, or by actual notice to the council of the existence of the defect, 01' by showing that it has existed for such a length of time, as, having regard to its nature and to all the other circumstances of the case, makes it probable that the council must have known of it or ought to have known of it through their ofihcers upon whom the duty of taking action in respect On this point Bell '2'. lVlmn'eg, supra, apparently followed Lottine 2/. R.M. of Langford, supra, a decision of the Court of Appeal in Manitoba, in which the decision of the trial Judge, Macdonald, ., 1917 3 W.W.R. 307, for the defendant was upheld, on an equal division of the Court of Appeal, Perdue and Haggart, .A. deciding for the defendant, and Howell, C..M., and Cameron, .A., for the plaintiff. At p. 789, Cameron, .A. reviews the history of similar legislation in the New England States, and his views and conclusions ap peal to me as more reasonable than the opposite views. He states: In Dill0n, -see. 1691, note, the substance of the various New England Bige1W-J statutes is given. In Massachusetts the liability is modified by the requirement that the town must have reasonable notice of the defect or that it might have had notice by the exercise of proper care and diligence, and that the defect could have been prevented by reasonable care. Rhode Island has substantially the same provision. In Vermont, Connecticut and New Hampshire the obligation is absolute without any such or any similar modification. In Maine the town must have twenty-four hours' notice of the defect....
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Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236821491
  • 9781236821492