Supreme Court of Canada
Davidson v. The City of Montreal, (1898) 28 SCR 421
Date: 1878-04-25
DAVIDSON et. al. V. THE CITY OF MONTREAL.
1898: Feb 25; 1898: May 6
PRESENT :—Taschereau, Gwynne, Sedgewick, King and Girouard JJ.
Municipal corporation—Public market—Licensing traders and hucksters— Obstructing streets and sidewalks—Loss of rents—Damages.
APPEAL from the judgment of the Court of Queen's — Bench for Lower Canada (Appeal Side) () reversing the decision of the Superior Court, District of Montreal, and dismissing with costs, the plaintiff's action for damages for the loss of rent of property in the immediate neighbourhood of a public market through the obstruction of the streets and sidewalks in that vicinity by traders and hawkers licensed by the defendant to occupy the same.
After hearing counsel for both parties the court reserved judgment and, on a subsequent day dismissed the appeal with costs for the reasons given in the court below.
Appeal dismissed with costs.
Rielle for the appellants.
Ethier Q.C. for the respondents.
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