Rouleau v. Pouliot

Rouleau v. Pouliot

Majority held that the statute's prohibition of another bridge 'within half a league above and below the said bridge' is to be measured up‑stream and down‑stream along the course of the river from the site of the constructed bridge; measured that way the respondents' bridge was outside the prohibited limits, so the...

Source-derived case information.

Citation
(1905) 36 SCR 224
Parties
Appellant / Plaintiff: Samuel Rouleau; Respondent / Defendant: Treffle Pouliot and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 May 1905
Procedural Posture
Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (on Appeal From Superior Court)
Outcome
Appeal dismissed with costs.
Legal Topics
Toll Bridge Franchise, Exclusive Territorial Limits, Measurement of Distance for Statutory Prohibitions, Encroachment and Remedies (injunction, Demolition, Damages)
Source Language
english
Statutory Interpretation Property Law Public Infrastructure Law Toll Bridge Franchise Exclusive Territorial Limits Measurement of Distance for Statutory Prohibitions Encroachment and Remedies (injunction, Demolition, Damages)

Source-derived case record

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Parties

Samuel Rouleau

Appellant / Plaintiff

Treffle Pouliot and others

Respondent / Defendant

Procedural Posture

Appeal / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether the statutory prohibition of another bridge within half a league is to be measured in a straight horizontal line, along the course of the river, or along the highway.
  2. 2 Whether the respondents' bridge fell within the prohibited limits and therefore constituted an infringement of the franchise.
  3. 3 Whether the authorized bridge's location relative to the specified road affects where the prohibited zone is measured from.

Ratio Decidendi

Majority held that the statute's prohibition of another bridge 'within half a league above and below the said bridge' is to be measured up‑stream and down‑stream along the course of the river from the site of the constructed bridge; measured that way the respondents' bridge was outside the prohibited limits, so the appeal fails.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs; judgment below affirmed; action dismissed.