Supreme Court of Canada
Isitt v. Grand Trunk Pacific Railway Co., (1919) 59 S.C.R. 686
Date: 1919-02-07
Isitt v. Grand Trunk Pacific Rly. Co.
1919: February 6; 1919: February 7.
Present: Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA.
Railways—Trespass—Taking gravel—Consent of owner.
APPEAL from the judgment of the Court of Appeal for British Columbia, affirming, on equal division of the court, the judgment of the trial court, and maintaining the appellant's, plaintiff's, action for $755.30.
The appellant is the owner of certain land situate near the townsite of Prince George. The respondent was then constructing its main transcontinental line and had a right of way through the above property of the appellant. While a steam shovel, operated by the respondent, was removing gravel on its right of way, the appellant's agent visited the property. Later on, the respondent removed some gravel from the appellant's property. The appellant, by his action, claimed damages, alleging trespass by the respondent, on his land and taking away gravel.
The trial court held that that had been no trespass and condemned the respondent to pay $755.30, value of the gravel removed.
On the appeal to the Supreme Court of Canada the court heard counsel for the appellant and, without calling upon counsel for the respondent, dismissed the appeal with costs.
Appeal dismissed with costs.
A. Bull for the appellant.
A. Alexander for the respondent.
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