The Queen v. Robinson
- Citation
- (1895) 25 SCR 692
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 6 May 1895
- Posture
- Appeal; Torts—property Damage From Public Works / Appeal to Supreme Court After Exchequer Court Awarded Damages; Judgment on Appeal
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 6 May 1895
- Posture
- Appeal; Torts—property Damage From Public Works / Appeal to Supreme Court After Exchequer Court Awarded Damages; Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the evidence supported the Exchequer Court's finding that the extension of the Intercolonial Railway injuriously affected the respondent's wharf and justified the award of damages.
Court disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
- Award of damages to respondent upheld as ordered by the Exchequer Court
02
Material facts
Parties
The Queen
AppellantRobinson
Respondent03
Procedural history
Posture
Appeal; Torts—property Damage From Public Works / Appeal to Supreme Court After Exchequer Court Awarded Damages; Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the extension of the Intercolonial Railway injuriously affected the respondent's wharf property
- 02
Whether the respondent was entitled to damages for injury caused by a public work
- 03
Whether the evidence before the Exchequer Court was sufficient to support an award of damages
Party arguments
- Applicant
- The Crown challenged the Exchequer Court's finding and contended that the railway extension did not injuriously affect the wharf and that the award of damages was unsupported by the evidence.
- Respondent
- The respondent (suppliant) maintained that the railway extension injuriously affected his wharf and that the evidence proved loss entitling him to damages, as found by the Exchequer Court.
05
Court’s reasoning
Legal principles
- 01
Common law; Exchequer Court decision (4 Ex. C.R. 439)
Owner of private property is entitled to compensation when a public work injuriously affects that property.
- 02
Supreme Court judgment (The Queen v. Robinson, 1895)
An appellate court will dismiss an appeal where the lower court's factual findings on evidence are supported and the award of damages stands.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the evidence supported the Exchequer Court's finding that the extension of the Intercolonial Railway injuriously affected the respondent's wharf and justified the award of damages.
Court disposition
Appeal dismissed with costs
- Appeal dismissed with costs
- Award of damages to respondent upheld as ordered by the Exchequer Court
Source and reliance status
Supreme Court of Canada · 6 May 1895
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 6 May 1895
The Queen v. Robinson Collection Supreme Court Judgments Date 1895-05-06 Report (1895) 25 SCR 692 On appeal from Federal Court of Appeal Subjects Torts Decision Content Supreme Court of Canada The Queen v. Robinson (1895) 25 SCR 692 Date: 1895-05-06 The Queen v. Robinson 1895: May 6. Public work—Wharf property injuriously affected—Evidence. Appeal from a decision of the Exchequer Court of Canada[1] in favour of the suppliant awarding him damages for injury to his wharf property in St. John, N.B., by the extension of the Intercolonial Railway. The appeal was dismissed with costs after counsel for the suppliant had been heard. [1] 4 Ex. C.R. 439.
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