McCord v. The Alberta and Great Waterways Railway Co.

McCord v. The Alberta and Great Waterways Railway Co.
Collection
Supreme Court Judgments
Date
1918-10-21
Report
(1918) 59 SCR 667
Judges
Fitzpatrick, Charles; Davies, Louis Henry; Idington, John; Anglin, Francis Alexander; Brodeur, Louis-Philippe
On appeal from
Alberta
Subjects
Torts
Decision Content
Supreme Court of Canada
McCord v. The Alberta and Great Waterways Railway Co., (1918) 59 S.C.R. 667
Date: 1918-10-21
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. APPEAL from the judgment of the Supreme Court of Alberta, Appellate Division[1], 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.
[1] 13 Alta. L.R. 476; 41 D.L.R. 722; [1918] 2 W.W.R. 708.