Isitt v. Grand Trunk Pacific Railway Co.

Isitt v. Grand Trunk Pacific Railway Co.

The appeal was dismissed and the lower court's disposition ordering the respondent to pay $755.30 for the value of the gravel removed was upheld; the court treated the appropriate relief as payment for the value of the materials despite the factual finding regarding trespass.

Source-derived case information.

Citation
(1919) 59 SCR 686
Parties
Appellant/plaintiff: Isitt; Respondent/defendant: Grand Trunk Pacific Railway Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 February 1919
Procedural Posture
Civil Tort / Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment below ordering payment of $755.30 to plaintiff upheld.
Legal Topics
Trespass, Taking of Gravel, Right of Way, Damages, Consent of Owner
Source Language
english
Tort Property Transportation Railway Trespass Taking of Gravel Right of Way Damages +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Isitt

Appellant/plaintiff

Grand Trunk Pacific Railway Co.

Respondent/defendant

Procedural Posture

Civil Tort / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether the respondent trespassed by removing gravel from the appellant's land
  2. 2 Whether the respondent had consent or a right to take gravel from the land subject to its right of way
  3. 3 Appropriate remedy and measure of damages for removal of gravel

Ratio Decidendi

The appeal was dismissed and the lower court's disposition ordering the respondent to pay $755.30 for the value of the gravel removed was upheld; the court treated the appropriate relief as payment for the value of the materials despite the factual finding regarding trespass.

Court Disposition

Appeal dismissed with costs; judgment below ordering payment of $755.30 to plaintiff upheld.

Orders

  • Appeal dismissed with costs
  • Respondent to pay appellant $755.30