The Temiscouata Railway Co. v. Clair

The Temiscouata Railway Co. v. Clair

The plaintiff failed to prove actual possession of the railway belt at the time of the railway's entry; casual, shared pasturing and subsequent user of adjacent land (and government purchase of remainder) did not establish possession of the belt; the jury verdict was unreasonable and must be set aside — appeal allowed and nonsuit entered; the motion to quash the appeal for late filing was refused and the appeal was heard on the merits.

Citation
(1906) 38 SCR 230
Parties
Appellant/defendant: The Temiscouata Railway Company; Respondent/plaintiff: John Clair
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 December 1906
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From Judgment of the Supreme Court of New Brunswick
Outcome
Appeal allowed; judgment of the Supreme Court of New Brunswick reversed; verdict set aside and judgment of nonsuit entered; costs to appellants.
Legal Topics
Trespass, Possession, Expropriation, Appeal Time Limits, Practice — Extension of Time (r.s.c. C.135 S.42)
Source Language
English
Property Tort Civil Procedure Railway Law Statutory Interpretation Trespass Possession Expropriation +2 more

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Parties

The Temiscouata Railway Company

Appellant/defendant

John Clair

Respondent/plaintiff

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From Judgment of the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether the plaintiff was in actual possession of the railway belt at the time of entry so as to maintain an action in trespass
  2. 2 Whether casual communal pasturing constitutes possession sufficient for trespass
  3. 3 Whether an order by a judge of the court appealed from under R.S.C. c.135 s.42 made after the statutory sixty‑day appeal period is ultra vires or can validate a late appeal

Ratio Decidendi

The plaintiff failed to prove actual possession of the railway belt at the time of the railway's entry; casual, shared pasturing and subsequent user of adjacent land (and government purchase of remainder) did not establish possession of the belt; the jury verdict was unreasonable and must be set aside — appeal allowed and nonsuit entered; the motion to quash the appeal for late filing was refused and the appeal was heard on the merits.

Court Disposition

Appeal allowed; judgment of the Supreme Court of New Brunswick reversed; verdict set aside and judgment of nonsuit entered; costs to appellants.

Orders

  • Appeal allowed with costs.
  • Judgment of the Supreme Court of New Brunswick reversed.