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LAW JOURNAL REPORTS
THE YEAR 1894:
DECIDED BY THE
JUDICIAL COMMITTEE AND THE LORDS OF
her majesty's Privy Council,
EDWARD BULLOCK, BARRISTER-AT-LAW;
The House of Lords (Scotch and Jrish Appeals),
JAMES EYRE THOMPSON,
MICHAELMAS 1893 to MICHAELMAS 1894.
PRIVY COUNCIL, VOL. LXIII.
[CONTEMPORARY WITH LAW REP. (1894) A. C.]
Paw Publishers and Booksellers.
1893. THE CORPORATION OF RALEIGH be maintained to recover damages without
notice. (appellants) v. s. A. WILLIAMS Aug. 3.
AND ANOTHER (respondents). By the construction of a drain after Canada - Ontario — Municipality –
incorporation the respondents' land was Drainage Works — Construction — Main
“ necessarily” damaged :-Held, that the tenance-Neglect of–Municipal Act, 1887. respondents were not entitled to maintain
an action, but must seek their remedy by The Municipal Act, 1887, c. 184 (Revised arbitration. Statutes of Ontario), imposes upon every municipality the duty of preserving, main- This was an appeal from a judgment of taining, and keeping in repair drainage the Supreme Court of Canada reversing works within its limits, whether the drain- a judgment of the Court of Appeal for the age is the work of the municipality or a Province of Ontario, and restoring a judgwork constructed before the municipality ment of Ferguson, J., given in the Chanwas incorporated ; and section 583, sub- cery Division of the High Court. section 2, provides that any municipality The respondents brought an action neglecting so to do upon reasonable "notice against the appellants for damages occain writing” given by a person injuriously sioned to the respondents' lands by the affected by such neglect, may be compelled overflow upon the lands of water from a by mandamus to make the necessary repairs, system of land drainage, and for a writ of and shall be liable to pecuniary damage to mandamus to compel the appellants to do the person affected by such neglect. Section the works necessary to prevent recurrence 591 provides that for any damage “neces- of the damage. sarily resulting” from the exercise of the The action came on to be tried, and was statutory powers of the Act the plaintiff's by consent referred to_Archibald Bell, remedy is by arbitration.
Esq., the County Court Judge, who heard A municipality neglected to keep in repair the evidence and made his report in favour a drain within its limits constructed before of the respondents. incorporation, whereby the respondents' lond The respondents moved for judgment was damaged :-Held, that although no on this report, and the appellants moved action could be brought to compel a muni- to set it aside as contrary to law; cipality by mandamus to execute repairs and on the 20th of September, 1890, without notice in writing, an action could Ferguson, J., adopted the report, and gave VOL. 63.-P.C.