McCord;
v.
The Alberta and Great Waterways Railway Co.
1918: October 11, 21.
Present:—Sir Charles Fitzpatrick C.J. and Davies, Idginton,
Anglin and Brodeur JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF
ALBERTA.
Negligence—Construction of ditch—Surface water—Braining of
higher land—Liability of owner.
[Page 667]
APPEAL from the judgment of the Supreme Court of Alberta, Appellate
Division,
reversing the judgment of Simmons J. at the trial and dismissing the
appellant's (plaintiff's) action with costs.
The appellant claimed that the respondent, by its servants or
agents, wrongfully dug or caused to be dug a drainage ditch from its right of
way through certain lands and thereby wrongfully flooded the appellant's lands,
causing him damages. The respondent, amongst other defences, denies that it
constructed the ditch.
The trial judge gave judgment in favour of the appellant for $480;
but this judgment was reversed by the Appellate Division, Hyndman J.
dissenting.
On the appeal by the plaintiff to the Supreme Court of Canada,
the court, after hearing counsel for both parties, reserved judgment, and, at a
subsequent date, allowed the appeal with costs, Davies J. dissenting.
Appeal allowed with costs.
W. N. Tilley K.C. for the appellant.
N. D. Maclean for the respondent.
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