McCord v. The Alberta and Great Waterways Railway Co.

McCord v. The Alberta and Great Waterways Railway Co.

The Supreme Court allowed the appeal and restored the trial judgment because the evidence supported that the respondent's operations caused a drainage ditch that diverted surface water and flooded the appellant's land; therefore the respondent was liable for the resulting damage and the appellant was entitled to the award and costs.

Citation
(1918) 59 SCR 667
Parties
Appellant/plaintiff: McCord; Respondent/defendant: The Alberta and Great Waterways Railway Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1918
Procedural Posture
Tort Negligence / Appeal to the Supreme Court of Canada (final Decision)
Outcome
Appeal allowed with costs; trial judgment restored in favour of appellant.
Legal Topics
Surface Water, Drainage Ditch, Liability of Owner, Nuisance
Source Language
English
Torts Negligence Property Surface Water Drainage Ditch Liability of Owner Nuisance

Case Brief

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Parties

McCord

Appellant/plaintiff

The Alberta and Great Waterways Railway Co.

Respondent/defendant

Procedural Posture

Tort Negligence / Appeal to the Supreme Court of Canada (final Decision)

Legal Issues

  1. 1 Did the respondent, by its servants or agents, dig a drainage ditch that diverted surface water onto the appellant's land?
  2. 2 Is an owner or operator liable for damage caused by altering land drainage that increases flow onto another's property?
  3. 3 Was the evidence sufficient to hold the respondent liable for damages?

Ratio Decidendi

The Supreme Court allowed the appeal and restored the trial judgment because the evidence supported that the respondent's operations caused a drainage ditch that diverted surface water and flooded the appellant's land; therefore the respondent was liable for the resulting damage and the appellant was entitled to the award and costs.

Court Disposition

Appeal allowed with costs; trial judgment restored in favour of appellant.

Orders

  • Judgment of the Appellate Division reversed.
  • Judgment for the appellant for $480 with costs, as entered at trial, restored.