Stevenson v. City of Montreal & White, (1897) 27 SCR 593

Supreme Court of Canada

Stevenson v City of Montreal and Richard White, (1897) 27 SCR 593

Date: 1897-06-07

STEVENSON et al. v. THE CITY OF MONTREAL AND RICHARD WHITE.

1897: May 13; 1897: June 7

PRESENT:—Taschereau, Gwynne, Sedgewiek, King and Girouard JJ.

Municipal corporation—Highway—Private way—Widening streets— Special assessments—Res judicata.

APPEAL from the judgment of the Court of Queen's Bench for Lower Canada (appeal side), ([1]), affirming the judgment of the Superior Court, District of Montreal, which dismissed the petition of the appellants praying that three special assessment rolls, in connection with the widening of a portion of Stanley street in the city of Montreal, should be set aside and annulled.

After having heard counsel on behalf of the parties, the court reserved judgment, and on a subsequent day dismissed the appeal and affirmed the judgment in the court below with costs.

Trenholme Q.C. and Weir Q.C. for the appellants.

Ethier Q.C. for the respondent, The City of Montreal.

White for the respondent Richard White.