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Reports of Cases Decided in the Court of Common Pleas of Upper Canada Volume 31

Reports of Cases Decided in the Court of Common Pleas of Upper Canada Volume 31


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: damages recoverable by the plaintiffs therefor; and because the damages are excessive, and some of the items of damage are too remote. In Hilary Term, February 5, 1880, Read, Q.C., shewed cause. He referred to R. S. O. ch. 146, sees. 52, 55, 56. The question is, whether the defendant, in surveying the side line between lots nine and ten across concessions three and four in the township of Stafford, which was surveyed in concessions, but with concession roads at every alternate concession, should have run on a direct line from the post between the second and third concessions, to the post between the fourth and fifth concessions, or should have made one line from the post between the second and third concessions, across the third concession only to the line? a blank or blind line?between the third and fourth concessions, corresponding with the course of the proof line, or line between lots six and seven across the same third concession, and then have started again from that blind line and gone across the fourth concession on the bearing of the same proof line across the fourth concession. The defendant said the proof line only governed the side lines between lots, and not the side roads, and that he did only what was right in not following the proof line but in running from point to point across the two concessions. The defendant should have taken the bearing across the third concession, and the bearing across the fourth concession separately, although there would be a jog made in the road between the extreme posts, because the bearing had to be the same as the proof line, and the proof line had such jog. The damages were rightly assessed and are not too remote: Ruddock v. Lowe, 4 F. and F. 519; Keeley v. Harrigan, 3 C. P. 173; Ovens v. Davidson, 10 C. P. 302; Carrick v. Johnsto...


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Product Details
  • ISBN-13: 9780217276283
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 0217276288
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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