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A Digest of Canadian Cases (Volume 1; V. 24); Relating to Railway, Telegraph, Telephone and Express Companies Being a Digest of Canadian Railway CA

A Digest of Canadian Cases (Volume 1; V. 24); Relating to Railway, Telegraph, Telephone and Express Companies Being a Digest of Canadian Railway CA


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920. Excerpt: ... FILLING OF CULVERT CATTLE PASS--SUBSTITUTING DRAINAGE PIPE. In an action against the defendants for damages for filling up a culvert used as a cattle pass under the defendants' embankment and substituting a drainage pipe, the plaintiff claimed the right to have the culvert maintained at its full size under an agreement made at the time of construclion, providing that the flow of the waters of a certain drain upon the lands to be crossed by the railway should not be interfered with, that he had acquired an easement by prescription and that under s. 257 of the Railway Act, 1906, the defendants could not fill in the culvert without leave of the Board: --Held (1), that the defendants had the right to substitute any other means of drainage to enable the water to flow through the drain mentioned in the agreement. (2) That no easement by prescription had lcn acquired. Can. Pac. Ry. Co. v. Guthrie, 31 Can. S.C.R. 155, 1 Can. Ry. Cas. 9, followed. (3) That s. 257 of the Railway Act did not apply. Oatman v. Grand Trunk Ry. Co., 12 Can. Ry. Cas. 521, 2 O.W.N. 21, Irrigation Works--Duty To Protect Highway Crossings. S. 37 of North-West Irrigation Act. 61 Vict. (Can.) c. 35, providing that any person or company constructing an irrigation works should during such construction keep open for safe and convenient travel "all public highways theretofore publicly traveled as such," when they are crossed by such works, and shall, befoie the water is diverted into, conveyed or stored by any such works, extending into or crossing such highway, construct, to the satisfaction of the Minister of the Interior, a substantial bridge, not less than a certain number of feet in breadth, with proper and sufficient approaches thereto, over such works, and always thereafter maintain every s...


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Product Details
  • ISBN-13: 9781235624902
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 504
  • Spine Width: 26 mm
  • Width: 189 mm
  • ISBN-10: 1235624900
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 889 gr


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A Digest of Canadian Cases (Volume 1; V. 24); Relating to Railway, Telegraph, Telephone and Express Companies Being a Digest of Canadian Railway CA
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